The Application Conditions Of Stops Infringement For The Standard Essential Patents

On april 1,2016,Supreme People's Court implemented<Patent Law Judicial Interpretation(Two)>which stipulated how to apply stop infringement to the standard essential patents.In the recommended standards,the patentee intentionally violated the previous FRAND commitment whose fault lead the license contract to fail,but the standard implementer had no apparent fault.At this time,the court does not generally support the patentee's request for stopping infringement.However,due to the imperfect system and the disputes of all parties,this time only stipulated the situation which all parties agreed,not involved in the controversial situation.Because stopping infringement falls within the scope of the Patent Law and Tort Liability Law,this article takes the patent law and tort liability law as the perspective.Through the summary of the status quo of China's stop infringement rules for the standard essential patents,referencing to the cases of ordinary patents which do not stop infringement,pointing out the shortcomings,analyzing the reasons why contradictions and disputes arise from the application of stop infringement for the standard essential patents,and learn from the United States,German and Europe's experience,put forward the idea of not issuing stop infringement as the principle and issuing stop infringement as an exception.And by analyzing the negotiation process of standard essential patents' licenses,establishing a set of conditions for stopping infringement based on the degree of fault of the patentee and the standard implementer.