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Title: China’s first injunction in standard essential patent litigation
Other Titles: Injunctions in SEP litigation in China
Authors: Bharadwaj, Ashish
Verma, Dipinn
University of Maastricht
Keywords: China-Patent Litigation
Issue Date: Sep-2017
Publisher: Oxford University Press, Oxford
Citation: Journal of Intellectual Property Law & Practice, Volume 12 No. 9 ( 2017) 717-719
Abstract: The first injunction in a Chinese case concerning standard essential patents was recently granted by the Beijing Intellectual Property Court to a Chinese company that owns a standard essential patent for WLAN access. The ruling is the first decision of this kind from a Chinese court on SEP disputes and sets out a precedent for pending SEP cases in China. It provides the first practical application of the SEP injunction rule in China, which, so far, had remained mostly theoretical. The fact that the technology in question was domestically created, protected and enforced adds value to this decision. It remains to be seen whether the same approach will be adopted by Chinese courts in cases involving foreign SEP holders and implementers. As global innovators and major stakeholders in the WiFi standard are party to a number of pending SEP suits in China and other jurisdictions (including pending antitrust investigations on similar grounds), this ruling will bring relief to SEP holders.
Appears in Collections:JGU Research Publications

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