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
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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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