Patent valuation in China SEP cases

Written By

christine yiu module
Christine Yiu

Partner
China

I am an intellectual property partner at Bird & Bird China, based in our Shanghai office. Together with our association law firm Lawjay, we have represented numerous companies in achieving excellent results of IP protection in China.

It's been a decade since the Guangdong High Court upheld China's first telecom standard essential patents (SEPs) judgment in 2013. Since then, Chinese courts have issued several landmark decisions, shaping the valuation of SEP holders' patent assets. These judgments offer valuable insights into how Chinese courts approach the valuation of SEPs in the telecom industry. In this article, we explore the circumstances under which Chinese courts are willing to establish a rate and delve into the detailed valuation methodologies they employ.

This article was first published by CPI in their March 2024 edition. 

Read the full article here