This article discusses China’s growing role in international SEP disputes.
As 5G cellular standards connect billions of devices worldwide, standard essential patents (SEPs) have become a key concern for businesses and policymakers. Governments have largely relied on courts to resolve SEP licensing disputes, with recent decisions in the UK, EU, and US shaping global jurisprudence. However, China is increasingly influential, with its courts issuing landmark decisions that challenge traditional patent regimes.
The Chinese approach raises concerns about transparency and the need for global coordination on SEP regulation. Chinese companies are investing heavily in research and development, aiming to transition from net licensee to net licensor in the global tech ecosystem. As a result, the US, UK, and European Courts must take note of China’s developments in SEP jurisprudence to ensure global regulatory alignment.
This article explores key developments that underscore China’s increasingly assertive legal posture, including its expanded use of anti-suit injunctions, landmark rulings on global royalty rate-setting, and the evolving jurisdictional reach of its courts over international SEP disputes.
The article was original published by the Center for Strategic & International Studies’ Perspectives on Innovation blog in May 2025.