On The Injunction Relief Of Standard Essential Patents Under FRAND Commitment

The standard essential patent combines the standard "publicity" with the "privatization" of the patent,and the patent holders earn high profits by adding the patented technology it owns to the standard.In order to prevent the patentee's abuse of patent rights,the standard organization requires the patentee to make the FRAND commitment,which leads to the question of how to apply the standard essential patent relief under the FRAND commitment.Blindly supporting the ban may lead to the patentee's patent hijacking.And completely negating the injunctive relief may lead to the reverse hijacking of the patent.So how to apply the ban to balance the interests of all parties so as to promote technological development and social progress is the key issue at present.On March 22,2017,the Beijing Intellectual Property Court make a verdict on the case of Sony v.China xidianjietong against the invention patent dispute,as a result,the court supports.The ban on xidianjietong Company,the case involved the application of the principle of "fairness,reasonableness and non-discrimination" in the standard necessary patents and the application of the "injunctive relief" by standard essential patent holders in judicial practice,and this is the first lawsuit case concerning the injunction of the standard essential patent in our country,which provides a reference for the application of the injunctive relief of essential patent in our country.This article attempts to study the hot issues of the application of the ban on essential standard patent under the FRAND promulgation by combining the typical case of Xidianjietong v.Sony in China,and to promote the standard essential patent licensing contract through the application of the injunctive relief and balance the parties interest.This article is divided into four parts to discuss:The first part sorts out the case of dispute over the patent infringement of xidianjietong v.Sony in China,clarifying the problem points involved in the case.The second part conduct detailed legal analysis of the application,including the standard formulation,the nature of the FRAND commitment and licensing rates,and the third part focuses analysis of issues related to injunctive relief,including the theoretical issues of injunctive relief,the related considerations and the analysis of FRAND's commitment to prohibit injunctive relieffrom the aspects of patent hijacking and reverse hijacking,which are the core of this article.The fourth part introduces the relevant practices of the United States,the European Union and the United Kingdom on the injunctive relief of the standard essential patents,and provides relevant experiences for the application of the injunctive relief in our country.The fifth part briefly introduces the status quo of China's bail relief for essential patents from the legislative,judicial and law enforcement levels,and puts forward some suggestions on the application of the injunction relief in our country.Through the combination of theory and case analysis,we strive to perfect the bailout of standards essential patents and better promote social development.