With the rapid development of technologies and innovation economy, standards have achieved an indispensable position in market competition. In recent years, as standardization has been speeding up with technological progress, the relationship between standards and patents has attracted worldwide. In this dynamic context, the Intellectual Property Research Center at Tsinghua Law School hosted a one-day international symposium on further Chinese legal reforms in SEP Context on November 18, 2015. During this symposium, experts worldwide specialized in SEP and relevant areas will conduct in-depth discussions with regards to topics such as “the legal nature of F/RAND commitment”, “the effect of F/RAND commitment on patent infringement remedies”, “SSO intellectual property policy’s competition law implications” and “the space and limits of SEP Antitrust regulations”. The “SEP and Chinese Legal Reforms” Group Members will also share key parts from their research memos and suggestions for Chinese legal reforms in relevant areas. The audience will include senior judges, government officials, scholars and in-house counsels, who have significant influences on legal and policy reforms in the SEP context in China.

At the beginning of the context, the president of Tsinghua Law School WANG Zhenmin expresses gratitude for all the guests’ attending. And he thinks the development of science and technology is a disaster and also a gospel, which requires that our legal workers continue to analyze the legal issues.

The context divided into four topics. The first one is “SEP Legislative Developments and Judicial Practices Related to SEPs”. JIN Wuwei, the Department of Education Science Culture and Health, Legislative Affairs Office of the State Council’s deputy inspector, presents this part of the context. Bureau of Price Supervision and Anti-monopoly, National Development and Reform Commission’s department Vice-Director LU Yanchun, the presiding Judge LI Jian and the Division Director of the Department of Treaty and Law of SIPO ZHANG Yonghua make statements in proper order.

The picture is LU Yanchun taking the floor

               
The picture is LI Jian reviewing the process of SEP in China

    The picture is ZHANG Yonghua giving advice about the draft amendments to the patent law

The theme of session two is “the Legal Nature of FRAND Commitment”, Tsinghua University Law School professor SHEN Weixing is moderator. Speakers are Standards Strategy and Policy Microsoft Corporation General Manager Amy Marasco, Center for Standardization Theory & Strategy, China National Institute of Standardization researcher DU Xiaoyan, Waseda University School of Law Associate Professor Christoph Rademacher and CUI Guobin, the Associate Professor, Director of the Center for Intellectual Property Law, Tsinghua University School of Law.

The picture is Amy Marasco taking the floor

The picture is DU Xiaoyan making the speech

The picture is Christoph Rademacher stating “German-Japanese Perspectives on how to limit SEP enforcemrnt”

The picture is CUI Guobin sharing his point-view about “The Legal Nature of FRAND Statement under the Chinese Civil Law”

In the afternoon, under the auspices of the Tsinghua University Law School assistant professor JIANG Ge, Vice Director of Stratefic Research office Legal Center ZTE Corporation ZHAO Qishan, Singapore Management University professor LIU Kung-Chung, Tokyo University of Science professor Jinzo Fujino and the IP Law Manager of IBM China IP Law Department ZHENG Minjia take the floor about “the effect of FRAND commitment on remedies for patent infringement”. Former Chairman of EPO Board of Appeal Alexander Clelland, Shenzhen University Law School professor LI Yang and Tsinghua Law School associate professor CHEN Jianmin make comments.

The picture is ZHAO Qishan stating the effect of FRAND statement on remedies for patent infringement.

The picture is Nicolas Schifano taking the floor

The picture is LIU Kung-Chung sharing his point-view about how to determine the reasonable royalty for SEP

The picture is Jinzo Fujino analyzing the case “APPLE V SUMSUNG”

The picture is ZHENG Minjia making the speech

The forth topic of this forum is “the antitrust regulation of SEP”, Tsinghua Law School Research Center for Competition Law and Industrial Promotion director professor ZHANG Chenying is moderator. R.G.C. Jenkins & Co. partner Hugh Dunlop, the Center for Intellectual Property Law of Tsinghua University Law School research rellow HAO Yuan, Bureau of Price Supervision and Anti-monopoly, National Development and Reform Commission division director LIU Jian, Standard and IPR Strategy’s director WANG Bin and Max Planck Institute of Innovation and Competition attorney Peter R. Slowinski take part in it. YANG Ming (professor of Peking University School of Law) and ZHANG Hongbin (Global Law Office partner) comment.

The picture is Hugh Dunlop making a speech about the effect of FRAND commitment on patent infringement remedies.

The picture is HAO Yuan taking the floor

The picture is LIU Jian making the speech

The picture is WANG Bin taking the floor

The picture is Peter R.Slowinski taking the floor

At the end of the forum, vice professor CUI Guobin sum up the forum, and sincerely thanks all the guests’ attending again.