China–US patent licensing arbitration
Anonymised case · Professional reference
Background and challenges
After entering into a patent licence with a Chinese company, a US company unilaterally sought a substantial fee increase beyond a reasonable range, affecting production costs and competitiveness. Negotiations failed and the dispute proceeded to arbitration.
Approach and implementation
The team represented the Chinese company in CIETAC arbitration. It reviewed the licence terms and performance, and presented arguments on the basis for fee adjustments, industry practice and the parties' rights and obligations to challenge the unreasonable increase.
Outcomes
The tribunal maintained the original licence fee, saving the company RMB 800,000 annually and stabilising its technology partnership and business expectations.
Lessons for international cooperation and governance
Cross-border licensing disputes involve different legal systems and commercial practices. The case demonstrates the role of international arbitration in resolving technology cooperation disputes efficiently and professionally, and contributes experience for the Alliance's cross-border intellectual property work.