China – because of its market size, its goals of technological advancement, and its government’s willingness to intervene in the marketplace – offers unique opportunities and challenges to those involved in licensing. China has actively used anti-trust enforcement to influence licensing. We will be discussing the status of these activities, including the settlement between China and Qualcomm and more recent enforcements. Since so many of the world’s goods are manufactured in China, and because of the importance of its markets, any efforts by its courts or regulators to influence royalty rates will have worldwide implications. We will be reviewing China’s perspective on what would effectively be global rate setting, including rate setting for standard essential patents. We will discuss licensing dos and don’ts in light of these legal and regulatory changes. Finally, if there has been any progress or new setbacks in the trade negotiations between the US and China, we will offer our perspectives on the implications for licensing.
Matthew Laight, Bird & Bird, China Office
Mark Cohen, Senior Fellow, Director and Lecturer, Berkeley Law
Chen Gu, Senior IP Counsel, Intellectual Property Department, Tencent America
Ben Wang, former Chief IP Counsel, ZTE TX and former Head of Patents, China, Unilever