posted on 2020-03-13, 02:56authored byJULIAN 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.