The deal struck between Qualcomm and China may have other companies in other countries pushing for similar terms.
Qualcomm has got off quite well.
The fine is $975 million when it could have been 10% of Qualcomm’s China revenues of $12.5 billion.
The royalty rate remains 5% on 3G/4G devices but it will be charged on 65% of a device’s net selling price. So royalties will be reduced by a third.
A reduced royalty of 3.5% applies to 4G enabled phones which don’t support 3G CDMA or WCDMA.
Qualcomm’s “essential Chinese patents” will come under separate arrangements which will be negotiated in “good faith”.
Previously-negotiated China licensees are able to sign up to the new terms immediately.
The 28nm deal with SMIC is extended.
Qualcomm won’t “condition the sale of baseband chips on the chip customer signing a license agreement with terms that the NDRC found to be unreasonable or on the chip customer not challenging unreasonable terms in its license agreement.”
However, Qualcomm isn’t obligated to sell chips to a non-licensee.
Qualcomm will set up “a China-specific investment fund of $150 million to further the development of mobile and semiconductor technologies.” It has already committed $40 million to this purpose.
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