([2008] Min San Zi No.4)
Higher People's Court of Liaoning Province:
Your request for instructions on the case of patent infringement dispute between Ji Qiang, Liu Hui and Chaoyang Xingnuo Construction Engineering Co., Ltd. ([2007] Liao Min Si Zhi Zhong ZiNo. 126) has been received. After study, the reply is as follows:
In view of the fact that China's standard-setting authorities have not established a system for the public disclosure and use of patent information in relevant standards, if the patentee participates in the standard-setting or incorporates a patent into national, industrial or local standards with his consent, it is deemed that the patentee allows others to exploit the patent while implementing the standards, and the related implementation behavior of others does not belong to the patent infringement as stipulated in Article 11 of the Patent Law. The patentee may require the implementer to pay a certain royalty, but the amount paid should be significantly lower than the normal license royalty; Where the patentee promises to give up the use fee, it shall be handled in accordance with his promise.
For the case requested by your hospital, please find out the facts of the case, especially whether the patent involved has been included in the dispute standard, and handle it according to the above principles.
This reply.
July 8(th), 2008