CHINA, Tribunales: Declaración de términos globales de Licencia FRAND

Muy interesante noticia, sobre pronunciamiento en tribunales chinos en relación con el standard FRAND en licencias de patentes.

Dejo datos para acceder a la información que hay por ahora.

El LINK a la noticia:

Chinese IP Court Proclaims Its Authority to Declare Global FRAND Terms

"A Chinese Court recently decided that it has the willingness, and jurisdiction, to set a global licensing rate that is fair, reasonable, and non-discriminatory (“FRAND”) for standard essential patents (“SEP”).  In a dispute between Oppo and Sharp, the Shenzhen Intermediate People’s Court has ruled that it can set a global FRAND rate over Sharp’s portfolio relating to 3G, 4G and WLAN technology. 

Oppo made three initial requests to the Shenzhen court in the dispute with Sharp:

1. Rule that Sharp violated its FRAND obligations during licensing negotiations;

2. Set global licensing rates and terms for Sharp’s 3G, 4G and WLAN portfolio; and

3. Order Sharp to compensate Oppo Rmb 3 million ($459,000 USD) for economic losses caused by violating its FRAND obligations

Sharp challenged the Shenzhen court’s jurisdiction to adjudicate Oppo’s requests, but the Court sided with Oppo.  Sharp can appeal the decision.

The Shenzhen court held that it has jurisdiction over the case because the patents-in-suit are implemented in China, and because Oppo’s manufacturing and R&D activities take place in China.  Further, the court explained that SEP licensing disputes do not fall into typical contract or infringement disputes, making it necessary to consider a wide range of factors when determining whether jurisdiction is appropriate. The factors that the court considered included: where a patent is involved in licensing: where a patent is implemented: and, where a licensing agreement was signed and fulfilled.  In view of these factors, the court concluded that, as long as certain activities take place in China, the case is relevant to China and Chinese courts can exercise jurisdiction. Though not part of its jurisdictional decision, the Chinese Court made a point of mentioning that such a ruling on a global FRAND rate could improve efficiency, fundamentally solve the disputes between the parties, and avoid multi-jurisdictional lawsuits from the parties."

Otro LINK sobre el mismo tema:

https://www.mondaq.com/china/patent/1014322/is-this-seat-taken-a-chinese-ip-court-proclaims-its-authority-to-declare-global-frand-terms