ARTICLE
11 February 2014

SAC, SIPO Publish Interim Rules On National Standards Involving Patents

O
Orrick

Contributor

Orrick logo
Orrick is a global law firm focused on serving the technology & innovation, energy & infrastructure and finance sectors. Founded over 150 years ago, Orrick has offices in 25+ markets worldwide. Financial Times selected Orrick as the Most Innovative Law Firm in North America for three years in a row.
On Dec. 19, 2013, the Standardization Administration of China (SAC) and State Intellectual Property Office (SIPO) published the Administrative Regulation on National Standards Involving Patents-Interim (Interim Regulations), which concerns the formulation and implementation of national standards involving patents
United States Antitrust/Competition Law

On Dec. 19, 2013, the Standardization Administration of China (SAC) and State Intellectual Property Office (SIPO) published the Administrative Regulation on National Standards Involving Patents-Interim (Interim Regulations), which concerns the formulation and implementation of national standards involving patents. The Interim Regulations were effective Jan. 1, 2014.

According to the Interim Regulations, national standards involving patents should concern patents that are essential for implementation of the relevant standards. The Interim Regulations impose obligations regarding the disclosure of essential patents that a party owns or knows about. A party that fails to make the required disclosures may be held legally responsible for the failure to do so. In addition, even parties not participating in the formation or revision of national standards are encouraged to disclose essential patents they own or of which they are aware.

The Interim Regulations provide that patents involved in the formation and revision of national standards should be licensed on fair, reasonable and non-discriminatory (FRAND) terms. If the patent holder does not agree to license on FRAND terms, the national standards should not include such patents except in the case of mandatory national standards. For mandatory national standards, if the patent holder does not agree to license the patents on FRAND terms, the SAC, SIPO and relevant authorities are to negotiate with the patent holder regarding a method for the patent holder to divest the relevant patents.

The Interim Regulations are available here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More