Monash University
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Are Chinese courts determining the injunction applications of standard-essential patent owners according to law?

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thesis
posted on 2020-03-13, 02:56 authored by JULIAN GARRETT SCARFF
This thesis argues that, in the absence in Chinese law of a comprehensive regime regulating the injunction determinations involving standard-essential patents, Chinese courts are applying principles and doctrines from China's basic law in these assessments. Such an approach is consistent with the established law in South Korea, Japan and other civil law jurisdictions, but imposes broader and more pervasive good faith conduct obligations on SEP owners than they would be familiar with from the licensing negotiation practices in common law jurisdictions.

History

Campus location

Australia

Principal supervisor

Ann Monotti

Additional supervisor 1

John Duns

Additional supervisor 2

Chenxia Shi

Year of Award

2020

Department, School or Centre

Law

Course

Doctor of Philosophy

Degree Type

DOCTORATE

Faculty

Faculty of Law

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