The Electronic Intellectual Property Center of China’s Ministry of Industry and Information Technology (MIIT) has released a draft “Template for Intellectual Property Policies in Industry Standardization Organizations” (the Draft Template), [1] seeking public comments by January 30. The Draft Template seeks to improve standardization efforts and reduce implementation costs in the context of Standard Setting Organizations (SSOs). Its terms provide for: (i) disclosure of essential patent claims, (ii) a prohibition against injunctive relief absent prior adjudication of a claim and (iii) factors to determine the reasonableness of licensing. While the provisions for disclosure of essential claims and reasonableness are similar to provisions in other jurisdictions, the limitations on
The Chinese Ministry of Industry and Information Technology - Electronic Intellectual Property Center releases a draft “Template for Intellectual Property Policies in Industry Standardization Organizations”
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