Synopsis
The licensing of standard essential patents (SEP) on fair, reasonable and non-discriminatory (FRAND) terms has recently become a thorny issue for major Asian economies, which are without exception standard-takers and have strong manufacturing sector dependent on standards and SEPs. The talk will first reflect on the importance of Asian economies for SEP licensing in the ICT industries, examine the case law on the FRAND licensing in Taiwan, South Korea, Japan, China and India and summarize some Asian standards on the FRAND licensing of SEPs. It will further explore the regulatory issues of the FRAND licensing of SEPs and conclude by putting forward some suggestions: lump-sum approach in the calculation of FRAND-compliant royalties, the exercise of SEPs be regulated by patent law, the competition law provision that exempts the exercise of IP rights from the scrutiny of competition law be deleted, and SSOs should play a more important role.
Speaker
Kung-Chung LIU holds a Bachelor of Laws from National Taiwan University and a Doctor of Law degree from the Ludwig Maximilian Universitaet (University of Munich). In 1992, he joined Academia Sinica. In 2003, he was a Visiting Professor at the Faculty of Law of the National University of Singapore and also acted as Visiting Senior Research Fellow for the IP Academy of Singapore. He has served as one of the founding Commissioners of the National Communications Commission in Taiwan. In 2007, he was co-appointed Professor of the Institute of Law for Science and Technology, National Tsing Hua University. In 2010, he was co-appointed Professor of the Graduate Institute of Technology, Innovation & Intellectual Property Management, National Chengchi University. In 2014-15, he was a Visiting Professor at the School of Law, Singapore Management University, and the Founding Director of the Applied Research Centre for Intellectual Assets and the Law in Asia (ARCIALA). He is currently the External Director of ARCIALA.
Programme
2.30pm - Registration
3.00pm – Lecture
4.30pm – Discussion and Q & A
5.00pm - End of Event
Public CPD Points - 1.5 points
This programme is an Accredited CPD Activity under the SILE’s CPD Scheme. Participants who wish to claim CPD Points are reminded that they must comply strictly with the Attendance Policy set out in the CPD Guidelines. This includes signing-in on arrival and signing-out at the conclusion of the activity in the manner required by the organiser, and not being absent from the entire activity for more than 15 minutes. Participants who do not comply with the Attendance Policy will not be able to obtain CPD Points for attending the activity. Please refer to http://www.silecpdcentre.sg for more information.
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Last updated on 16 May 2018 .
