AIPLA Comments on Draft Anti-Monopoly Guidelines in the Field of Standard Essential Patents
Written August 1, 2023
Arlington, VA. August 1, 2023 - The American Intellectual Property Law Association (AIPLA) submitted comments to China’s State Administration of Market Regulation (SAMR) on the Draft Anti-monopoly Guidelines in the Field of Standard Essential Patents (SEPs).
The comments suggest clarifying the scope of required disclosure for patents to SDOs to prevent over disclosure; adding that a SEP owner or standard implementer can provide evidence that the other party is at fault in failed license negotiations; and removing the presumption of 100% market share for SEP owners.
To view the complete comments, please download the comment letter posted to the right of this page.