Study On The Injunctive Relief Of Standard-Essential Patents Infringement

The Patent Law empowers the patentee to seek injunctive relief.With the trend of patent standardization,more and more patents have been incorporated into the standard.The integration of standards and patents draws a veil to use of injunctive relief.A large number of standard essential patent infringement cases have occurred in various countries in the world,and it has become the important problem in theoretical and judicial practice circles how or whether injunction relief is applied,thus attracted the attention of all parties.On the one hand,the statutory rights of the patentee should be protected,and also the patentee's injunctive relief should be supported.On the other hand,first of all,based on the boundary of rights,the patentee's application for injunctive relief should be refrained due to public nature of the standard and the FRAND made by the patentee;secondly,as standard essential patentee with dominant market position would abuse of the application for injunctive relief,such abuse would limit and eliminate competition and an abuse of market dominance is finally constituted.Therefore,there should be a modest restriction on the use of injunctive relief by standard-essential patentees.With the purpose of promoting of the development,promotion and application of technology in the Patent Law and the Standardization Law,the injunctive relief system aims at preventing the patentee from abusing rights to hijack the patent implementer,and preventing the patent implementer from reverse hijacking the patentee by rejecting or delaying the negotiation.At present,the attitude towards the use of injunctive relief is still not clear in legislation and judicature in China.Since the patent law is still in the process of revision,it is necessary to clarify the obligations between the parties and it is also important to clarify the principle of use,rules,and procedures of injunctive relief for standard essential patents.This thesis is divided into four parts:The first part outlines standard essential patents,explains definition of patent standardization,analyzes the trend of the integration of patent technology and standards,the connotation of standard essential patents,explores identified factors of "essential patents",and defines types and classification of injunction relief in standard necessary patent infringement disputes,analyzes value and function of the injunction relief system.The second part is the theoretical basis of this thesis.It theoretically analyzes use of injunctive relief in standard necessary patent infringement disputes.Firstly,it analyzes whether FRAND made by standard essential patentee is applied to use of injunctive relief through literature analysis,and the opinions of all parties are listed.Second,the principle of use of injunctive relief in standard necessary patent should be guided by the principle of balance of interests,and takes into account the interests of the standard necessary patentee and the patent enforcer.Thirdly,starting from the angles of FRAND commitment,rights restriction theory,transaction cost theory and the threat of patent hijacking,it is basically concluded that use of injunctive relief in standard essential patent infringement disputes should be appropriately limited.The third part conducts the examination on the applicable rules of the injunctive remedy in standard essential patents in domestic and foreign countries,including the EU and its member states and the United States,and the evolution of injunctive relief application,as well as the position in different periods.It analyzes and learns from the conditions,routes and procedure about the use of injunctive relief.At the same time,it examines use of injunctive relief in standard essential patent in legislation and judicature in China,and analyzes the problems and deficiencies thereof.Based on the legislative and judicial deficiencies of use of injunctive relief in China,the Part IV draws lessons from more mature experiences of western countries like Europe and America.It puts forward proposals about improvement for use of injunction relief in China in perspective of clarification of the FRAND commitment obligations,reference to Huawei's rules,and introduction of negotiation of effective injunctive relief.