Table of Contents

Governance of Intellectual Property Rights in China and Europe

Governance of Intellectual Property Rights in China and Europe

Elgar Intellectual Property and Global Development series

Edited by Nari Lee, Niklas Bruun and Mingde Li

Intellectual property law performs a number of complex functions in society. To foster innovation and creativity in a society, governments are actively using intellectual property law as a means of governance. Both in China and in Europe, intellectual property law is used to further innovation and cultural policies to increase national competitiveness in a global economy. Due to its impact on global trade, intellectual property laws are increasingly made and influenced by international norms. Against the backdrop of this dynamic global intellectual property norm competition and interaction, this book explores governance of intellectual property rights in China and Europe. This book examines and compares the series of intellectual property law and system reforms in China and Europe. Through the analysis, this book argues that a successful governance of intellectual property rights require not only the adoption of a set of norms but also transformation of the perspectives and the implementing institutions.

Chapter 13: A comparative study on the relationship between injunctions and FRAND statements in China and the EU

Qi-shan Zhao

Subjects: law - academic, asian law, intellectual property law


In recent years, intense discussions concerning legal disputes involving standard essential patents (SEP) have arisen. There is a lot of debate around the circumstances that a SEP holder should be permitted to seek injunctive relief. How to deal with issues relating to injunctive relief and SEPs is not only a problem that affects the bargaining power of parties in FRAND licensing negotiations, but it also impacts market competition and industry development. Ultimately this issue has attracted significant attention from Chinese and European courts and competition authorities. In light of this situation, this chapter provides an initial introduction to the debates surrounding injunctive relief and FRAND commitments. Subsequently, this chapter provides an analysis of several leading cases in China and the EU, which highlight the various approaches that the respective courts and competition authorities have taken on these matters. In closing, this chapter will present recommendations for solutions to deal with the challenges of injunctive relief for SEPs.

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