China’s new IP weapon?

With Chinaemerging as an IP litigation hotspot, Rouse’s Douglas Clark explores thecountry’s global anti-suit injunction provision

Douglas Clark, Rouse

The past year, global anti-suit injunctions exploded on theChina IP scene as a tool to be wielded in the never-ending battles over thelicensing of standard essential patents (SEPs). For a country where interiminjunctions in relatively simple cases have been hard to obtain – and domesticanti-suit injunctions are virtually unknown – the willingness of Chinese courtsto grant broad global anti-suit injunctions so that they alone could determinefair, reasonable and non-discriminatory (FRAND) rates for SEPs is striking.