Source: Key points of case judgment from "Gazette of the PRC Supreme People's Court" Volume 2022

Case Judgment Opinion Summary:

1、 When determining the jurisdiction of the dispute over the global licensing conditions of the standard essential patent, the scope of the parties' willingness to negotiate the licensing of the standard essential patent involved in the case, the grant country and distribution proportion of the standard essential patent rights involved in the licensing negotiation, and the main place of implementation, main place of business or main source of revenue of the standard essential patent involved in the case, and the place of licensing negotiation can be considered, The location of the property available for seizure or execution by the parties.

2、 When the parties have the intention to reach a global license and the dispute has a closer relationship with China, even if the parties have not reached a consensus on jurisdiction, the Chinese court still has the right to make a decision on the global license conditions of standard essential patents based on the application of one party.