Tuesday, June 5, 2018

Guangdong Court Issues Guidance on SEP Disputes

Hat tip to Jill Ge, who noted this article by Adrian Emch, Katie Feng, and Qing Lyu earlier today on Twitter.  According to the authors, "[t]he Guidelines in Guangdong do not deviate too much from the Beijing Patent Guidelines, indicating that a consistent approach may be taken by major courts across China" with regard to injunctive relief.  (For previous discussion on this blog of the Beijing Guidelines, see here.)  However, according to the authors, the Guangdong Guidelines also provide some guidance on royalty determinations, including an endorsement of the top-down approach and of the setting of worldwide  rates under some circumstances.

If any readers have access to a copy of the Guidelines themselves, or better yet a translation into English, please send them my way.

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