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ARTICLE · 05 JULY 2023

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CN SAMR "Anti-Monopoly Guidelines For Standard Essential Patents"

These guidelines were announced by the SAMR on 30 June 2023, with a deadline to comment on 29 July 2023 (yes, less than one month, the draft is not long though) at the link below:

ChinaIntellectual Property

These guidelines were announced by the SAMR on 30 June 2023, with a deadline to comment on 29 July 2023 (yes, less than one month, the draft is not long though) at the link below:

https://www.samr.gov.cn/hd/zjdc/art/2023/art_6422b2fb728f486b9814349213ea07c6.html

These guidelines could affect standard setting and negotiation of license of standard essential patents (SEPs). China seemingly is trying to pioneer in the area of anti-monopoly and SEPs. Further, this is the way of China "rule by law" .

Below are some of my observations as a layman:

  • There are many high-level principles, which may state the obvious, for example the following (italic words in brackets are my suggestions for the comment):

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