Category: TCL
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Pool rate-setting by courts: various questions left to be resolved in China after SPC ruling while Tesla appeals dismissal in UK
The recent decision by the Supreme People’s Court of China in tCL v. Access Advance on pool rate-setting is narrower than it appeared at first sight. Chinese courts tend to evaluate FRAND questions multifactorially.
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Chinese courts will now set global FRAND rates for patent pools at implementers’ requests: Supreme People’s Court ruling
China’s Supreme People’s Court (SPC) has ruled in favor of implementer TCL and held that Chinese courts can set global FRAND rates for standard-essential patent pools (in this case, an Access Advance pool).