Antitrust and Licensing on June 3, plus Standards, Data and E-Commerce: Plenty for Everybody

The US-China trade war began with disputes over the transfer of technology to China, including forced technology transfer.  How much has the licensing environment improved for the foreign business community? How will China’s developing antitrust regime affect foreign businesses seeking to monetize their IP in China?  Considering joining us at next week’s webinar (June 03, 2020, 4:30 – 5:45 PM PST) (previous posting had a typo!).  The speakers are Hao Yuan (Tsinghua Law School/Berkeley Law); Stuart Chemtob (Wilson Sonsini); Deng Fei (Charles River Associates); David Dutcher (Western Digital) and Robert Merges (Berkeley Law). Here is the link to the series description, and to the registration. This series/program incurs a charge, except for students/media/BCLT and other benefactors.

In another licensing-related development, on June 16, 2020, from 12-1pm EDT,  I will be speaking along with Jim Harlan, Senior Director, Standards & Competition Policy, InterDigital, Inc on the US Department of Commerce’s Bureau of Industry and Security’s (BIS) ban of Huawei and its effect on global Standards Developing Organizations (SDOs). This program is sponsored by the American Intellectual Property Law Association’s Standards and Open Source Committee.  Non-AIPLA members may join this open event.  Call: +1 (347) 991-7204, passcode 251151532.

A video of the recent webinar we hosted at Berkeley on “Following the Data: What the Latest Research Says About China’s Legal and IP Environment” with Ben Liebman, Tobias Smith, Fei Deng, Melissa Schneider and Robert Merges is found here.  China Daily’s reporting on the IP Aspects of that program is found here.

Finally, I recently was interviewed by Pinduoduo on e-commerce regulation in China and IP.  Here is a link to the podcast on Spotify.

Huawei/InterDigital Appeal Affirms Shenzhen Lower Court on Standards Essential Patent

One of the hot on-going disputes on IP in China and the world is the relationship between standardization and intellectual property, particularly the role of standards essential patents (SEP’s) when a licensor has undertaken an obligation to license its patents on a fair, reasonable and non-discriminatory (FRAND) basis.  Chinese courts have played an important part in this debate.  The most recent skirmish in this area is the case between Huawei and InterDigital Corporation (IDC), which was the subject of a decision of the Shenzhen Intermediate Court and has just now been decided on appeal by the Guangdong High Court.  Continue reading