It has been 4 years since the sensational lawsuit between Chint Group Corporation (hereinafter: Chint ) and Schneider Electric Low Voltage (Tianjin) Co.,Ltd (hereinafter: Schneider) settled. However, issues emerged in...It has been 4 years since the sensational lawsuit between Chint Group Corporation (hereinafter: Chint ) and Schneider Electric Low Voltage (Tianjin) Co.,Ltd (hereinafter: Schneider) settled. However, issues emerged in the case that relate to major issues in current patent law enforcement in China. This makes a re-examination of the case, with special consideration for the revisions to Chinese Patent law, worthwhile.展开更多
The obligation to license standards essential patents on'Fair,Reasonable and Non-discriminatory'( F / RAND rule) terms are designed to eliminate the potential for 'holdup ' brought by patentees whose p...The obligation to license standards essential patents on'Fair,Reasonable and Non-discriminatory'( F / RAND rule) terms are designed to eliminate the potential for 'holdup ' brought by patentees whose patents are thereafter asserted at unreasonable rates,and to fully compensate these patentees on'fair,reasonable and non-discriminatory'terms. Due to the globalization of manufacturing and technology, differing national approaches towards standardization and the role of the market,and the ambiguity of the F / RAND concept itself,related litigations occur quite often in major jurisdictions for emerging new technologies,such as those incorporated into smart phones and cellular networks. As the first decision in which the license rates were determined all over the world,Huawei v.IDC has had a great impact both home and abroad. Starting with a briefing and analysis of the Huawei decision,while making reference to the relevant decisions in the United States,the European Union,Japan and other jurisdictions,this article studies such significant issues as the definition, values, determination of F / RAND license rates and interventions thereto by antitrust laws in China, and provides some suggestions for the improvement of the F / RAND rule both in China and in other markets.展开更多
Recently,in concert with the World IP Day on 26 April,a number of overview reports on the IP work of 2019 were published respectively by the Chinese courts of various levels and the China Intellectual Property Adminis...Recently,in concert with the World IP Day on 26 April,a number of overview reports on the IP work of 2019 were published respectively by the Chinese courts of various levels and the China Intellectual Property Administration(CNIPA),and a series of announcements were made on the e×-emplary cases of the year.5 winning cases of China Patent Agent(H.K)Ltd.(CPA)have been selected into these e×emplary cases by the various levels of courts and the CNIPA.At the supreme court level,2 of CPA winning cases,both related to patent grant and validity issues,were included in the Annual Report on IP Cases of the Supreme People’s Court(SPC)2019(which comprises 12 patent administrative lawsuits involving 14 legal issues)as well as the Tenets of Adjudication of the SPC’s IP Court 2019.展开更多
文摘It has been 4 years since the sensational lawsuit between Chint Group Corporation (hereinafter: Chint ) and Schneider Electric Low Voltage (Tianjin) Co.,Ltd (hereinafter: Schneider) settled. However, issues emerged in the case that relate to major issues in current patent law enforcement in China. This makes a re-examination of the case, with special consideration for the revisions to Chinese Patent law, worthwhile.
文摘The obligation to license standards essential patents on'Fair,Reasonable and Non-discriminatory'( F / RAND rule) terms are designed to eliminate the potential for 'holdup ' brought by patentees whose patents are thereafter asserted at unreasonable rates,and to fully compensate these patentees on'fair,reasonable and non-discriminatory'terms. Due to the globalization of manufacturing and technology, differing national approaches towards standardization and the role of the market,and the ambiguity of the F / RAND concept itself,related litigations occur quite often in major jurisdictions for emerging new technologies,such as those incorporated into smart phones and cellular networks. As the first decision in which the license rates were determined all over the world,Huawei v.IDC has had a great impact both home and abroad. Starting with a briefing and analysis of the Huawei decision,while making reference to the relevant decisions in the United States,the European Union,Japan and other jurisdictions,this article studies such significant issues as the definition, values, determination of F / RAND license rates and interventions thereto by antitrust laws in China, and provides some suggestions for the improvement of the F / RAND rule both in China and in other markets.
文摘Recently,in concert with the World IP Day on 26 April,a number of overview reports on the IP work of 2019 were published respectively by the Chinese courts of various levels and the China Intellectual Property Administration(CNIPA),and a series of announcements were made on the e×-emplary cases of the year.5 winning cases of China Patent Agent(H.K)Ltd.(CPA)have been selected into these e×emplary cases by the various levels of courts and the CNIPA.At the supreme court level,2 of CPA winning cases,both related to patent grant and validity issues,were included in the Annual Report on IP Cases of the Supreme People’s Court(SPC)2019(which comprises 12 patent administrative lawsuits involving 14 legal issues)as well as the Tenets of Adjudication of the SPC’s IP Court 2019.
