Tuesday, January 2 2024   \  Published by Wolters Kluwer.

Global FRAND rates in China

Global FRAND rates in China

On 4th December 2023, the Intermediate People’s Court of Chongqing Municipality in China handed down its FRAND determination in the global 5G patent licensing dispute between patent owner Nokia and the Chinese implementer Oppo.

The Finnish multinational has already confirmed that it will appeal the decision, which marks the first time a court has issued a determination of this kind since this multijurisdictional battle over standard essential patents (SEPs) between Nokia and Oppo began over two years ago. The verdict is also the first global FRAND rate decision to be delivered by a court in China.

The fact that a Chinese court has reached that decision does not come as a big surprise. Indeed, in April 2018 the Guangdong High People’s Court had introduced guidelines that may have laid the foundation for Chinese courts to rule that they have the power to determine global royalty rates. Read more

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