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Structural Barriers in SEP Licensing: The Legal and Strategic Challenges for Chinese EV Companies in the European Market

Shuwen, Fang LU (2025) HARN63 20251
Department of Business Law
Abstract
This thesis examines the challenges faced by Chinese electric vehicle (EV) manufacturers in obtaining standard essential patent (SEP) licenses when entering the European market. It focuses on the SEP licensing framework within the European automotive industry, with particular attention to the Avanci patent pool and its representative licensing practices. By analyzing several Avanci-related cases including Huawei v. ZTE and Nokia v. Daimler, this study explores the implications of these disputes for Chinese EV companies.
Applying legal doctrinal methodology and law and economics approaches, the thesis offers a detailed comparison between the licensing fee calculation method advocated by Avanci and the alternative scheme proposed by Chinese... (More)
This thesis examines the challenges faced by Chinese electric vehicle (EV) manufacturers in obtaining standard essential patent (SEP) licenses when entering the European market. It focuses on the SEP licensing framework within the European automotive industry, with particular attention to the Avanci patent pool and its representative licensing practices. By analyzing several Avanci-related cases including Huawei v. ZTE and Nokia v. Daimler, this study explores the implications of these disputes for Chinese EV companies.
Applying legal doctrinal methodology and law and economics approaches, the thesis offers a detailed comparison between the licensing fee calculation method advocated by Avanci and the alternative scheme proposed by Chinese companies. The primary objective of this research is to provide legal and practical recommendations for Chinese EV companies when exporting to Europe, enabling them to better manage risks associated with SEP licensing in the region.
The findings reveal that the current bargaining power of Chinese EV companies remains limited. In the short term, rather than attempting to reshape the licensing landscape, it is more urgent for these companies to fully understand the existing legal framework and prepare for potential legal risks. (Less)
Please use this url to cite or link to this publication:
author
Shuwen, Fang LU
supervisor
organization
course
HARN63 20251
year
type
H1 - Master's Degree (One Year)
subject
keywords
standard essential patents, Avanci, Chinese EV companies, patent pools, FRAND, Europe, SEP litigation, licensing negotiation
language
English
id
9193253
date added to LUP
2025-06-09 11:21:47
date last changed
2025-06-09 11:21:47
@misc{9193253,
  abstract     = {{This thesis examines the challenges faced by Chinese electric vehicle (EV) manufacturers in obtaining standard essential patent (SEP) licenses when entering the European market. It focuses on the SEP licensing framework within the European automotive industry, with particular attention to the Avanci patent pool and its representative licensing practices. By analyzing several Avanci-related cases including Huawei v. ZTE and Nokia v. Daimler, this study explores the implications of these disputes for Chinese EV companies.
Applying legal doctrinal methodology and law and economics approaches, the thesis offers a detailed comparison between the licensing fee calculation method advocated by Avanci and the alternative scheme proposed by Chinese companies. The primary objective of this research is to provide legal and practical recommendations for Chinese EV companies when exporting to Europe, enabling them to better manage risks associated with SEP licensing in the region.
The findings reveal that the current bargaining power of Chinese EV companies remains limited. In the short term, rather than attempting to reshape the licensing landscape, it is more urgent for these companies to fully understand the existing legal framework and prepare for potential legal risks.}},
  author       = {{Shuwen, Fang}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{Structural Barriers in SEP Licensing: The Legal and Strategic Challenges for Chinese EV Companies in the European Market}},
  year         = {{2025}},
}