Working Guidelines on the Trial of Standard-Essential Patent Dispute Cases (Trial) Enacted by the Higher People’s Court of Guangdong Province

The Higher People’s Court of Guangdong Province enacted the Working Guidelines on the Trial of Standard-Essential Patent Dispute Cases (Trial) (hereinafter referred to as “Working Guidelines”) on April 26, 2018. The purpose of the Guidelines is to provide guidance for proper trial of standard-essential patent (“SEP”) disputes in the telecommunication field.

The Working Guidelines have five parts, basically covering all the issues involved in SEP disputes:

-Fundamental Issues about the Trial of SEP Dispute Cases;

-Issues about Stopping the Implementation of SEP Civil Liabilities;

-Issues about Determination of the SEP License Fee;

-Issues about Trial of SEP Monopoly Dispute Cases; and -Application Scope of the Guidelines.

The Working Guidelines provide guidance for judges and are also a useful reference for SEP owners and implementers.

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