The Supreme People's Court Confirmed China’s Jurisdiction Over SEP Global Rate Setting in the OPPO and Sharp Case
Sep 2, 2021, Beijing – The Supreme People’s Court of China ruled in its final instance that the Chinese Court has jurisdiction over SEP global rate setting. Following the Shenzhen Intermediate Court’s first instance ruling on the "OPPO and Sharp Standard Essential Patent Licensing litigation" in October 2020, confirming that the court can set SEP global rates and terms. The Supreme People’s Court upheld the ruling and rejected Sharp's appeal requests.
This is the first time that China’s highest judicial institution clarifies the jurisdictional rules for global licensing conditions of standard essential patents. It is also a milestone for OPPO in dealing with challenges from global patent litigations.