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ARTICLE · 02 OCTOBER 2023

When Administrative Adjudication Of Patent Infringement Encounters FRAND Issues*

Purplevine IP Group
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In China, patent disputes are handled through a dual-track system: administrative relief and judicial relief. Patent holders can negotiate settlements, file lawsuits, or seek assistance from IP administrative offices...

ChinaIntellectual Property
Helen Zhang
Helen Zhang
Suyuan Wang
Suyuan Wang
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In China, patent disputes are handled through a dual-track system: administrative relief and judicial relief. Patent holders can negotiate settlements, file lawsuits, or seek assistance from IP administrative offices to address infringement and enforce judgments. Administrative adjudication, known for its efficiency and simplified procedures, plays a significant role in resolving a large number of disputes. However, administrative adjudication faces certain challenges when it comes to cases involving Standard Essential Patents (SEPs) and Fair, Reasonable, and Non-Discriminatory (FRAND) principles.

Overview of SEPs

SEPs are patents that are essential for implementing technical standards. In China's patent law, SEPs are not explicitly defined, and their characteristics must be inferred from relevant guidelines and interpretations. These patents possess both patent and standard attributes and are subject to FRAND principles. The aim is to strike a balance between

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