On November 16, 2018,“FRAND Obligation and Tort Legal Responsibility Seminar on Standard Essential Patents”, sponsored by Beijing Intellectual Property Protection Association and co-organized by Beijing Wis & Weals Law Firm, was successfully held in Zhongguancun Intellectual Property Building, Beijing. The seminar was one of the series of academic activities organized by Wis & Weals to mark the 10th anniversary of its establishment.
Mr. Andy Yang, the
managing partner of the firm, delivered a keynote speech entitled “FRAND
Obligations and Responsibilities in Standard Essential Patent
Infringement”. By combing the development history of standard patent
infringement cases tried by the courts from 2006 to the present, Andy
Yang analyzed the relationship between the FRAND principle and the
general principles of the civil law, whether the FRAND principle
constrains both parties, and raised certain logic flaws of FRAND in
practical application.
Other guests also delivered keynote
speeches: Jiang Wei, an associate professor at Law School of Tsinghua
University , delivered a speech titled “The Problem of Hold-up in the IP
Field ——Based on the Basic Theory of Organizational Law”; Hao Yuan, a
researcher at Microsoft Innovation and Intellectual Property Research
Center, Tsinghua University, delivered a speech entitled "On the
Smallest Saleable Patent Practicing"; and Shi Jun, Intellectual Property
Litigation Manager of Intellectual Property Licensing Litigation
Department of Ericsson (China) Communications Co., Ltd., based on the
position of the company, delivered a speech entitled "The Conditions for
Granting Injunction for SEP case".
The seminar was hosted by
Bi Chunli, deputy director of the Intellectual Property Center of China
Information and Communication Research Institute. More than 30
representatives from Baidu, Xiaomi, Putian Information, Haiguang
Information, Matsushita Electric Appliances, etc, and eight guests from
famous universities, well-known enterprises and law firms attended the
seminar. The atmosphere was very lively and the seminar ended with a
warm discussion and exchange between the guest speakers and the
audience.