Intellectual Property

Total 63 Posts

Chinese Court Rules on 5G FRAND Rates

Last November, a Chinese court set a global FRAND (fair, reasonable, and non-discriminatory) rate for a standard essential patent (SEP) in a dispute between Chinese phone maker OPPO and Finnish multinational company Nokia. This is the first Chinese court decision setting global FRAND rates for 5G phones. A summary of

Australia Makes Third Party Submissions in EU-China IP Dispute at WTO

In the EU-China WTO dispute over "anti-suit injunctions" issued by Chinese courts, Australia has now made several submissions to the WTO panel as a third party to the dispute.

EU Requests Text of Domestic Patent Decision from China under TRIPS Agreement

In a request for information pursuant to Article 63.3 of the TRIPS Agreement, the EU has asked that China provide the text of a recent domestic court decision that set the worldwide rates for standard essential patents of Nokia relating to 2G, 3G, 4G and 5G mobile telecommunications technology.

New Law Journal Article Considers Chinese Anti-Suit Injunctions at Issue in WTO Dispute

A new article in the Journal of World Intellectual Property examines the intellectual property issues in the background of an ongoing EU-China WTO dispute.

Changes to Threshold for Trade Secret Theft in China After Phase One Deal

As part of the U.S.-China Phase One agreement, China agreed to lower the threshold for trade secret infringement as one of the prerequisites for criminal cases. A review of recent legislative amendments and court rulings shows how China is implementing the commitment.

WTO Panel Announces Timetable for EU-China IP Dispute

In a communication dated November 2, and circulated by the WTO today, a WTO panel estimated that it would issue its final report in an EU complaint against certain Chinese IP practices "not before the second half of 2024."

U.S. Commerce Department Considering AD/CVD Rule Changes for Inaction on IP, Labor, Environment, Human Rights

The U.S. Department of Commerce (DOC) has announced proposed rule changes that would take into account "inaction" by foreign governments in a number of policy areas as part of the calculation of anti-dumping and countervailing duties.
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