作者:倪振华 金杜律师事务所知识产权部

Guangdong High People’s Court recently issued a “Working Guideline of Guangdong High People’s Court on the Trial of Standard Essential Patent Dispute Cases (for trial implementation)” (hereinafter referred to as “the Guideline”) on 26 April 2018, which is the most comprehensive guideline for trial of SEP-related disputes in China till now. Theoretically speaking, this Guideline has a binding effect on three major IP courts/tribunals in view of jurisdictional mechanism of SEP-related cases in Guangdong province, including Guangzhou IP Court, Shenzhen IP Tribunal (of Shenzhen Intermediate People’s Court) and Guangdong High People’s Court which is the appellate court of the former two.  However, this Guideline actually reflects some widely recognized court practices on SEP-related issues, and will probably be referred to by other courts in China.
Continue Reading Guangdong High People’s Court Issued a Guideline for Trial of SEP Disputes

By Li Zhongsheng Lei Peng King&Wood Mallesons’ Intellectual Property Group

untitledThe nature and products of some industries, like wireless telecommunications, necessitate the incorporation of all essential patents related to the products into standards created by standardization setting organizations (“SSOs”). If they are to find buyers, manufacturers whether licensed or not must make products in accordance