FRAND in China

36 Pages Posted: 9 Oct 2013 Last revised: 23 Sep 2015

See all articles by D. Daniel Sokol

D. Daniel Sokol

USC Gould School of Law; USC Marshall School of Business

Wentong Zheng

University of Florida Levin College of Law

Date Written: February 3, 2014


This Essay discusses antitrust-related FRAND issues in China. In Part I, the Essay provides an overview of China’s antitrust regime and its interaction with intellectual property rights. In doing so, the Essay offers an explanation of the nature of the Chinese antitrust regime that builds upon both the industrial organization and the political economy literatures. In Part II, this Essay discusses standard setting in China, and how FRAND-related issues are handled under Chinese standard-setting laws and regulations. In Part III, the Essay explores recent developments in Chinese courts that impact FRAND. In particular, it discusses the Huawei v. InterDigital case and its implications for global FRAND licensing. In Part IV, the Essay offers thoughts on the lack of transparency in China’s antitrust regime as well as the use of industry policy in the FRAND setting and how these issues may negatively impact consumer welfare.

Keywords: China, antitrust, intellectual property, IP, FRAND, competition law, AML

JEL Classification: K21, L42, O34

Suggested Citation

Sokol, D. Daniel and Zheng, Wentong, FRAND in China (February 3, 2014). Texas Intellectual Property Law Journal, Vol. 22, 2013, pp: 71-93, Available at SSRN: or

D. Daniel Sokol (Contact Author)

USC Gould School of Law ( email )

699 Exposition Boulevard
Los Angeles, CA 90089
United States

USC Marshall School of Business ( email )

701 Exposition Blvd
Los Angeles, CA California 90089
United States

Wentong Zheng

University of Florida Levin College of Law ( email )

P.O. Box 117625
Gainesville, FL 32611-7625
United States
352-273-0936 (Phone)

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