Methodologically in Contrast to WTO Non-Discrimination Principle and with Special Reference to China’s Related Judicial Practice
The kernel of the non-discrimination principle seems to be easily understandable, but actually a specific interpretation of it could be very knotty in the complicated FRAND context. A methodologically comparative illumination can be conducive to uncovering the inherent complexity of the non-discrimination principle. In addition, the non-discrimination prong of FRAND is unavoidably intertwined with non-disclosure agreements between SEP licensors and licensees.