Tracking the evolution of standard essential patents in China
Shan Jiao of Lifang & Partners explores how standard essential patents litigation in China has evolved following recent developments in the area Sponsored by April 14 2021
lifanChina has attracted significant attention for its handling of standard essential patents (SEPs), arising from the battles over anti-suit injunctions (ASI) and anti-anti-suit injunctions (AASI), as seen in
Huawei v Conversant,
Samsung v Ericsson.
This article provides a legislative background of the debate over SEPs in China and considers some of the key recent developments in judicial practice.
Legislative background of SEP litigation in China
As China is a civil law system, there are two types of sources that are binding on Chinese courts and are cited by judges in their decisions. One type is legislation and the other type is judicial interpretation, as issued by the Supreme Pe