Research On Injunctive Relief Of Standard Essential Patent

The patent law grants the patentee a legal monopoly,so the patent right is exclusive.When the patent enters into the standard,the standard implementer must use the standard essential patent(SEP).When the patent enters into the standard,the patent becomes more irreplaceable,giving the patent holder the advantage of negotiation.The patent holder may use the advantage to require the implementer to either give a high license fee or face a ban.In order to prevent this from happening,the standard-setting organization requires the patent holder to make a FRAND(fair,reasonable,non-discriminatory)commitment when applying its patent into the standard.When the patent holder and the implementer did not reach a license agreement,the patent holder generally applies for injunctive relief.In the case of SEP,does the patent holder have the right to apply for injunctive relief? If so,what is the condition of the prohibition of relief? This is a question worth exploring.In recent years,Huawei,ZTE,Apple,Samsung and other smart phone manufacturers,due to lack of agreement,conducted a series of SEP litigation around the world,applying for injunctive relief.There was also one SEP dispute(Huawei v.IDC)occurred in our country.Therefore,it is helpful to discuss the application of the SEP injunctive relief to solve the problems existing in the practice of judicial.This article intends to introduce the basic theory of the SEP injunctive relief,sum up the experience of foreign judicial practice on the SEP injustice relief,considering the relevant provisions of our law,then obtain the applicable rules of the SEP injunctive relief.And finally put forward some suggestions on the current situation of our legislation.