Guangdong High People’s Court Issued a Guideline for Trial of SEP Disputes
Guangdong High People’s Court recently issued a “Working Guideline of Guangdong High People’s Court on the Trial of Standard Essential Patent Dispute Cases (for trial implementation)” (hereinafter referred to as “the Guideline”) on 26 April 2018, which is the most comprehensive guideline for trial of SEP-related disputes in China till now. Theoretically speaking, this Guideline has a binding effect on three major IP courts/tribunals in view of jurisdictional mechanism of SEP-related cases in Guangdong province, including Guangzhou IP Court, Shenzhen IP Tribunal (of Shenzhen Intermediate People’s Court) and Guangdong High People’s Court which is the appellate court of the former two. However, this Guideline actually reflects some widely recognized court practices on SEP-related issues, and will probably be referred to by other courts in China. Interestingly, this Guideline has incorporated rules established in a number of SEP-related cases worldwide, including Huawei v. ZTE (CJEU), Unwired Planet v. Huawei (UK), Motorola v. Microsoft (US), TCL v. Ericsson (US), Iwncomm v. Sony (CN) and Huawei v. Samsung (CN). This article presents some bullet points of this Guideline as well as a few comments from the author.