Restrictions On Injunctive Relief In Standard Essential Patent Disputes

In recent years,there are rising number of disputes about Standards-Essential Patents injunctive relief issue between global technology companies,which has aroused the concern of all parties.The main focus of these disputes is that whether the Standards-Essential Patentee has the right to seek injunctive relief when it has already made the licensing commitment for its patents under the FRAND principle.If so,under what conditions can it be granted with the Standards-Essential Patents injunctive relief? These two questions are not only of great research value in the theoretical field,but also of great practical significance to the industrial circles.This article begins with specific cases,and by analyzing the relevant concepts and the relationship between them to conclude: the FRAND principle does not obviously exclude the application of injunctive relief,and it is also not absolutely suitable for the injunctive relief to apply,actually the existence of the FRAND principle shall served as a more strict restriction for the application of injunctive relief.For how to limit the application of injunctive relief,this article introduces some experiences in Europe and the United States,as well as our country's preliminary practice on the Standards-Essential Patents injunctive relief,and puts forward some suggestions on the restriction of the Standards-Essential Patents injunctive relief.