FRAND (And Industrial Policy) in China

Cambridge Handbook of Technical Standardization Law, Vol. 1: Antitrust and Patents (Jorge L. Contreras, ed., 2017 (New York: Cambridge Univ. Press)) Forthcoming

University of Florida Levin College of Law Research Paper No. 16-35

31 Pages Posted: 7 May 2016 Last revised: 22 Sep 2016

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: May 5, 2016

Abstract

This Chapter discusses antitrust-related FRAND issues in China. In Part I, we provide an overview of China’s antitrust regime and its interaction with intellectual property rights. In doing so, we offer an explanation of the nature of the Chinese antitrust regime that builds upon both the industrial organization and the political economy literatures. We also discuss the NDRC investigation into Qualcomm. Part II of this Chapter discusses standard setting in China, and how FRAND-related issues are handled under Chinese standard-setting laws and regulations. In Part III, we explore recent developments in Chinese courts that impact FRAND. In particular, we discuss the Huawei v. InterDigital case and its implications for global FRAND licensing. In Part IV, we offer 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 (And Industrial Policy) in China (May 5, 2016). Cambridge Handbook of Technical Standardization Law, Vol. 1: Antitrust and Patents (Jorge L. Contreras, ed., 2017 (New York: Cambridge Univ. Press)) Forthcoming, University of Florida Levin College of Law Research Paper No. 16-35, Available at SSRN: https://ssrn.com/abstract=2776235

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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