The development and theoretical controversy of SEP licensing practices in China

Abstract

This chapter examines how the Chinese Supreme Court thinks that an SEP holder can only claim the royalty rate that is apparently below the normal licensing rate. Cao argues that the Guangdong court in IDC v Huawei seems to have adopted a policy of lowest possible royalty rate. He examines how policies pertaining to different royalty rates have been adopted by different courts in China and explores possible factors that can determine the rate.