The Rise of China and its Impact Upon Global Patent Litigation Strategy
Chinese companies play a prominent role in international patent disputes, reflecting the country's well-established position in the global technology market. Using recent disputes involving China-domiciled manufacturers as case studies, this session examines how China's technology sector is influencing global patent litigation strategy, exploring proceedings before Chinese courts, the UPC and other major patent forums.
- Consider the growing role of Chinese courts in global FRAND rate setting, in cases such as OPPO v Nokia, and its impact on licensing strategy.
- Discuss China’s ‘injunction arm race’, including its use of anti-suit and anti-anti-suit injunctions, and how these are leveraged to seize or block jurisdictions in parallel proceedings.
- Explore defensive strategy and venue selection against Chinese implementers and how patentees can leverage Germany’s fast injunctive relief, including the availability of anti-interim licence injunctions, to keep disputes in Europe.
- Assess the implications of Chinese litigation risk for European patentees and implementers, including licensing negotiation and portfolio structuring.