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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
On 7 February 2021, the Antimonopoly Committee of the State Council issued the Antimonopoly Guidelines on Platform Economic Sector (Platform Antimonopoly Guidelines), which is China’s first specific antitrust rules on platforms. The Platform Antimonopoly Guidelines signal a strengthening of antitrust enforcement against monopolistic behaviours in China’s internet platform sector. The State Administration for Market Regulation (SAMR) issued the Platform Antimonopoly Guidelines, based on a draft of the Antimonopoly Guidelines on Platform Economic Sector (Draft Platform Antimonopoly Guidelines) with minor changes, for comments on 10 November 2020.
The Platform Antimonopoly Guidelines expressly refer to the Antimonopoly Law (AML) which itself is under revision. The Platform Antimonopoly Guidelines consist of six chapters with 24 articles. It takes into account the characteristics of the platform economy and provides guidance on monopolistic behaviours in the platform s
China’s spat with billionaire Jack Ma is part of bigger push to control big tech
Beijing is moving towards a comprehensive regime for regulating competition among digital platforms. Jack Ma has reportedly not been seen in public since October. | Bobby Yip/Reuters
Chinese tech billionaire Jack Ma has allegedly fallen out with the Beijing government. Severalrecent articles reported that Ma offended the Chinese authorities by delivering a speech in Shanghai in October criticising financial regulation and that he and his colleagues were called in for questioning.
The planned initial public offering of his financial services powerhouse, Ant Group, for over $30 billion, was suddenly suspended. Antitrust investigations were instigated against his other major company, online retailer Alibaba (and also Chinese tech giant, Tencent).
Chinese tech billionaire Jack Ma has allegedly fallen out with the Beijing government. Severalrecent articles reported that Ma offended the Chinese authorities by delivering a speech in Shanghai in October criticising financial regulation, and that he and his colleagues were called in for questioning. The planned IPO of his financial services powerhouse, Ant Group, for over US$30 billion, was suddenly suspended. Antitrust investigations were instigated against his other major company, online retailer Alibaba (and also Chinese tech giant, Tencent). Towards the end of the year, Ma then received a “rectification order” from the People’s Bank of China (PBoC), the central bank, outlining five ways in which Ant Group must comply with the regulator. To cap it all, the entrepreneur has reportedly not been seen in public since October.