The Electronic Intellectual Property Center of China’s Ministry of Industry and Information Technology (MIIT) releases a draft “Template for Intellectual Property Policies in Industry Standardization Organizations”

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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Authors

  • Skadden, Arps, Slate, Meagher & Flom (Brussels)
  • Skadden, Arps, Slate, Meagher & Flom (Washington DC)
  • Skadden, Arps, Slate, Meagher & Flom (Hong Kong)

Quotation

Ingrid Vandenborre, Steven C. Sunshine, Andrew L. Foster, The Electronic Intellectual Property Center of China’s Ministry of Industry and Information Technology (MIIT) releases a draft “Template for Intellectual Property Policies in Industry Standardization Organizations”, 1 January 2015, e-Competitions January 2015, Art. N° 75792

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