The Research On The Legal Regulation Of The Injunctive Relief On The Standard-essential Patents

Nowadays,the technical standard become more and more complicated,so that the industry standardization is almost impossible to avoid the balance of interests between standard essential patent holders and implementers,the injunctive relief is one of the patentee's basic relief system,but In the context of the standard essential patent,the patentee who seeking the injunctive relief also expose the implementers to the risk of being excluded from the market,for that reason,this problem must distinct from the ordinary injunctive relief to regulate.At present,our country has some differences in the regulatory framework and the specific regulation design for the relevant research and judicial practice of the standard essential patent injunctive relief.Therefore,choosing which regulatory framework to regulate and how to construct a more uniform specific regulation is an urgent need to be improved and solved problem.The text of this article is divided into five parts,with the idea of asking questions,analyzing questions and solving problems.The first part mainly elaborates the relevant theoretical foundation of the standard essential patent injunctive relief,and briefly described The specific meaning and the types of the standard essential patent injunctive relief.After that,on the basis of relevant theories,this part elaborates the rationality of seeking injunctive relief by standard essential patent holders.The second part mainly argues for the nationality to limit,on the basis of admitting that it is reasonable that the standard essential patent holder to seek the injunctive relief.This section first proposes that the injunctive relief in the standard essential patent is peculiar.Then Breifly analyse the possible damages to the implementer and the consumer made by the patentees seeking the standard essential patent injunctive relief from the three aspects,such as the restriction of competition and the welfare of the consumers.Finally,it further states that the regulation of injunctive relief in the context of standard essential patent should be distinguished from the general injunctive relief.The third part mainly puts forward the problems existing in the legal regulation of the injunctive relief in the standard essential patents in our country.First of all,this part combs the legislative evolution of the injunctive relief system in the standard essential patents in our country and analyzes that the injunctive relief in the standard essential patent has alreadydistinguish from the general injunctive relief and begun the unification regulation.Secondly,based on the analysis of the legislation and precedents for the injunctive relief in the standard essential patents,this part points out that there are differences in the regulatory framework and the specific system design in our country,leading to the failure to effectively guide practice and resolve such disputes.The fourth part mainly elaborates the judicial practice of the EU and the United States on the regulation of injunctive relief in the standard essential patent and its enlightenment to our country.This part firstly combs the development vein of the European and American regulations of injunctive relief in the standard essential patent.It concludes that Europe and the United States has formed a set of different,overlapping regulation with different regulatory frameworks.Then,this part continues to briefly analyze the advantages and disadvantages of the regulation system in Europe and the United States,and expounds the enlightenment to our country from the judicial practice in Europe and the United States on the standard essential patent injunction relief regulation.The fifth part is mainly put forward the proposal,according to the EU and the United States judicial practice,on how to improve China's standard essential patent injunctive relief regulation aiming at the above-mentioned problems.This part firstly discusses the choice of the single regulatory path and the multiple regulatory path,and holds that a single regulatory path should be adopted in the legal regulation of the standard essential patent injunctive relief in our country.Second,the article cites the empirical study of the U.S.government and scholars on the standard essential patent injunctive relief,discusses the irrationality of the regulatory frame of antitrust law and further discusses the rationality and institutional advantages of the regulatory path of the contract law.Finally,this part puts forward the principle of regulation under the framework of contract law and perfects the specific system of injunctive relief in standard essential patent.