([2008] Civil Santa Zi No. 4)
Liaoning Provincial Higher People’s Court:
Your Court’s “About Ji Qiang, Liu Hui and Chaoyang City Xing” Request for Instructions on the Patent Infringement Dispute Case of Nuo Construction Engineering Co., Ltd. ([2007] Liao Min Sizhi Zhongzi No. 126) has been received. After research, the reply is as follows:
In view of the actual situation that my country's standard-setting agencies have not yet established a system for the public disclosure and use of patent information in standards, the patentee has participated in the formulation of the standard or with its consent, the patentee will If a patent is included in a national, industry or local standard, the patentee shall be deemed to have permitted others to implement the patent while implementing the standard, and the relevant implementation behavior of others does not constitute infringement of patent rights as stipulated in Article 11 of the Patent Law. The patentee may require the implementer to pay a certain amount of royalties, but the amount paid should be significantly lower than the normal licensing royalties; if the patentee promises to give up the patent royalties, it shall be treated in accordance with its promise.
For the case requested by your court, please handle it in accordance with the above principles and law on the basis of ascertaining the facts of the case, especially whether the patent involved has been included in the dispute standards.
This is a reply.
July 8, 2008