Research On The Balance Of Interests Of The Standard Essential Patent Relief

With the continuous development of economy and society,“technology patenting-patent standardization” has become an important intellectual property strategy in today's global technology market competition.Under this background,the boundaries between patents and standards have become increasingly blurred,in the standard technical solutions.Patent technology became an indispensable part,and standard essential patents came into being.While the mutual influence and conflict between the internal attributes and appearance of standards and patents have brought complementary interests,they have also produced value conflicts.In recent years,disputes related to standard essential patents have become increasingly frequent,causing widespread concern in the field of practice and theory.Injunction relieving,or terminating infringement,is one of the remedies for the rights holders to defend their own legitimate rights and interests and plays an extremely important role in dispute resolution.In a standard-essential patent dispute,the abuse of the ban resulted in the patent hijacking,and excessive restrictions on the ban would also lead to the occurrence of reverse hijacking.Therefore,the application of the ban has become one of the main focuses of the standard essential patents.How to balance the interests of the parties involved is the core of the ban.At present,China,Europe,and the United States all support the cessation of infringement(injunctions),damages,and other legitimate remedies granted to patentees by patent laws.These countries are also areas where standards-related patent disputes frequently occur.For patentees,they have exclusive rights over the patents they hold.When the patent rights are infringed,the right to use legitimate remedies is protected by the Patent Law.However,compared with the patentee,the standard-essential patentee is in a dominant position in the market.Without restricting the right of remedy,the standard-essential patentee may use a remedy to monopolize the market and abuse its dominant market position.This article mainly examines the attitude and treatment of the statutory patent injunction remedy of existing national legislation and practice,combines the connotation and external performance of standard essential patents,and clarifies the necessity of injunctive relief protection and the harm of abuse of the ban.Attempts to put forward proposals to improve the system of requisite remedies for standard injunctions in China,so as to achieve the balance between the interests of the standard necessary patentees,the interests of the public,and the interests of users of standards.First of all,the article analyzes the actual conditions and internal causes of the fusion of standards and patents,and elaborates on the concept of bans and the difficult issues of ban remedies in standard-essential patent disputes;secondly,discusses the conflicts of interest of statutory necessary patent injunctive relief.The causes and harms of patent hijacking and reverse hijacking in its manifestations;Third,review the legislation and practice of the United States,the European Union,and China on the issue of the ban on standard-essential patents,and a longitudinal comparison of the development of the conditions for the application of injunction relief in national standards-related patent disputes.With respect to the handling of specific cases,horizontally comparing the different focuses of different legal systems on the issue of handling bans;Finally,drawing on the more mature rules and practical experience of the United States and the European Union,and combining relevant Chinese laws and regulations,putting forward operative rules Design,with a view to providing reference for the improvement of China's standard necessary patent injunction relief system.