Author
Prof Ma Le
Organisation/Institution
East China University of Political Science and Law
Country
CHINA
Panel
Intellectual Property Rights
Title
Chinese Approach on Global Licensing Rate-Setting of Standard Essential Patents
Abstract
Abstract: The jurisdictional dispute of the global licensing rate-setting for standard essential patents (SEPs) involves two aspects: whether the Chinese court has jurisdiction over the case itself and whether it can adjudicate the global licensing rate on this basis. The globality of SEPs licensing in negotiation between the SEPs holder and implementer not only makes the setting of a global licensing rate reasonable, but also makes the disputes be related to multiple jurisdictions, resulting in frequent parallel litigations. With the breakthrough of strict territorial jurisdiction, the conflicts among different jurisdictions are further intensified. This competition for the preferred place of litigation reflects the complexity and importance of the interests involved in SEPs disputes. On the one hand, Chinese courts have established the jurisdiction over SEPs global licensing rate through typical cases, which shows some differences from foreign jurisdictions, UK among others. On the other hand, the revision of the foreign-related part of the Civil Procedure Law has created a more diversified basis and flexible space for the court to exercise active jurisdiction in such cases. Key word: Standard Essential Patents, Global licensing rate, Jurisdiction
Biography
Mr. MA Le is currently the Professor, as well as the Vice Dean of School of Foreign Affairs and Law, in East China University of Political Science and Law, specialized in International Law and Intellectual Property Law. Prof. MA has published books, journal articles as well as commentaries both in English and Chinese. Given the professionalism, Prof. MA has been widely participating in international colloquiums like the Annual Conference of the European China Law Studies Association (ECLS), Brazilian Intellectual Property Association (ABPI) International Congress on Intellectual Property, IP & Innovation Researchers of Asia (IPIRA) Conference as well as ASLI conferences as presenter on IP issues concerning international law and Chinese law. He is one of the initial certified Young Legal Talents as well as Foreign-related Legal Talents awarded by Shanghai Law Society. He had been the guest professor as well as visiting scholars in both US and Australia. He has also been conducting the course of Chinese law to students as well as faculty members from University of Sydney, University of Warsaw, Jagiellonian University, St. John’s University etc. Prof. MA has been appointed as the Member of Scientific Committee of IPIRA Conference co-organized by WIPO and WTO. He’s also the certified arbitrator of arbitration institutions like Shanghai Arbitration Commission.
