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Antitrust and IP

Key Point Review: China SPC Antitrust Judgments in 2023
 |  Apr 16, 2024

Each year, the Intellectual Property Court of the PRC Supreme People’s Court published a summary of key points of its antitrust case judgments concluded in the prior year. On February…

The Interplay Between Antitrust and Private Intellectual Property Litigation in China: Patent Law and Beyond
 |  Apr 16, 2024

The interplay between antitrust and IP private litigations in China, as exemplified by recent legislations and cases, underscores the evolving landscape of IP rights enforcement within antitrust frameworks. Specifically, the…

Patent Valuation in China SEP Cases
 |  Apr 16, 2024

A decade has passed since the Guangdong High Court upheld the first Chinese telecom standard essential patents judgment in 2013.  Since then, a number of landmark judgments were handed down…

Chinese Standard Essential Patents Licensing Negotiations and Dispute Resolution in Practice
 |  Apr 1, 2024

By Dragon Wang, Bing Wu, Yannan Li & Xiaolin Wang1   The Supreme People’s Court (“SPC”) recently handed down a second-instance judgment in the case of Advanced Codec Technologies, LLC…

What’s FRAND Got to Do With It: How Will Fair, Reasonable, and Non-Discriminatory Terms be Determined for Accessing Digital Platforms?
 |  Mar 17, 2024

By Richard S. Taffet and Nina Jayne Carroll1   I. INTRODUCTION FRAND is now a well-recognized acronym referring to licensing standard essential patents (“SEPs”) on fair, reasonable, and non-discriminatory terms.…

Understanding the Difference Between Participants and Contributors in a Standard-Development Process
 |  Feb 21, 2024

By Lorenzo Casaccia,1 Urška Petrovčič2 & Karyn Vuong3   The development of technological standards, such as the fourth generation (“4G”) and fifth generation (“5G”) cellular standards, is a collaborative effort…

Standard Deviation? Private Rule-Making Under the EU AI Act
 |  Sep 7, 2023

The framework set out by the EU’s proposed Artificial Act (“AIA”) relies heavily on the use of standards developed by private European standard-setting organizations (“ESOs”) for its proposed implementation. The…

Essential Facilities and the Zombie Apocalypse
 |  Apr 12, 2023

At its core, the essential facilities doctrine (“EFD”) invariably involves property rights. The idea is that a party that indisputably owns rights to certain property must provide access to that…

Merger Remedies in China in 2022 and the Prevalence of “Continue to Supply Under Frand Principles” as the Remedies
 |  Mar 29, 2023

This Article examines the remedy imposed on the conditional approvals in China’s merger review in 2022. The five cases of conditional approvals in 2022 are summarised from both procedural and…

The Interaction of IPRs and Antitrust: From the Perspective of Chinese Private Antitrust Litigations
 |  Mar 29, 2023

In recent years, the complicated relationship between intellectual property rights and antitrust have drawn increasing attention of Chinese courts in private antitrust litigations. China’s Supreme People’s Court has made great…

IEEE’s Efforts to Placate its Adversaries By Making Minor Changes to Its Patent Policy Will Create Unnecessary Risk and Uncertainty for Its Core Constituents
 |  Feb 28, 2023

By Emily Luken & James Tierney1   The Institute of Electrical and Electronics Engineers’ (“IEEE”) recent updates to its Patent Policy for standards development, while substantively modest, have injected unnecessary…

A Review of the Development of SEP-Related Disputes in China and Outlook for the Future Trend
 |  Nov 15, 2022

By Wei Huang, Fan Zhu, Bei Yin, & Xiumin Ruan*   Since the issuance of the judgment of Huawei v. InterDigital Corporation (“IDC”) in 2013, disputes concerning standard essential patents…

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