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”

Vandenborre, Ingrid; Sunshine, Steven C.; Foster, Andrew L.

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1 Jan 2015

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”

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Reference

Electronic Intellectual Property Center of China’s Ministry of Industry and Information Technology (MIIT), Template for Intellectual Property Policies in Industry Standardization Organizations, 1 January 2015 (Chinese)

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

Ingrid Vandenborre
Skadden, Arps, Slate, Meagher & Flom (Brussels)

Belgium 63 contributions 46379 visits
Steven C. Sunshine
Skadden, Arps, Slate, Meagher & Flom (Washington)

United States 30 contributions 9078 visits
Andrew L. Foster
Skadden, Arps, Slate, Meagher & Flom (Hong Kong)

China 7 contributions 2106 visits

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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