【2016 IP Summer School】Professor Liu Kung-Chung made a session on New Standard of SEP in East Asia Economic
Source: | Author:proe70355 | Publish time: 2016-07-17 | 2233 Views | Share:

IPRI news(reported by Wu Hao, photoed by Tian Shuangli) SEP, which means standard essential patent, is a two-edge weapon. It is IPR if it is operated soundly, however it would be monopoly if it is operated unsoundly.

At 9AM, July 17th, 2016, 2016, Professor Liu Kung-Chuang from technology law research institute of National Tsing Hua University arrived at Room 502, Nanqiang building, to give a lecture on New Standard of SEP in East Asia Economic.

As to SEP, Professor Liu represented that East Asia took a more and more important role in sale performance of many multinational companies. By taking Qualcomm as an example, excessive patent royalty rates and ratios of Qualcomm were recognized as monopoly and many countries imposed anti-monopoly fines on Qualcomm. However such actions could not solve the problem essentially that SEPs are held by western countries. Therefore it is necessary to propose a new standard in East Asia, which is SSOs.

SSO is an international standard organization. It means to establish an industrial standard under which different device manufactures can make an agreement to make sure such devices can be compatible with each other. A very common restriction is to require a SEP should license under

reasonable and nondiscriminatory terms(RAND), or fair, reasonable, and non-discriminatory terms(FRAND). This restriction aims to maintain reasonable completion legally to avoid misuse of license by utilizing its monopoly position. Without this restriction, the member may utilize the standard to provide unfair, unreasonable and discriminatory license terms to individuals or companies by misusing its monopoly position, which may cause harm to reasonable competition. Professor Liu thinks SSOs should play more important role in standard making of East Asia.

Finally, as to fair use IP issue, Professor Liu suggested referring Article 55 of Anti-Monopoly Law of P.R.C., which provides that undertakings exercise intellectual property rights according to laws administrative regulations related intellectual property rights shall not be applied to this law; however undertakings abuse the intellectual property rights to eliminate restrict competition shall be applied to this law. This simple and brief suggestion implies deep expectation and guidance to campers. After the session, assistant professor Wang issued a certificate to appreciate Professor Lius arrival, and campers expressed praise to brilliant speech of Professor Liu.