The Study On Injunctive Relief For Standard Essential Patents Under FRAND Commitments

With the strengthening of patent technology protection worldwide,the development of patented technology shows a clear upward trend in quantity.The increase in the number of patents will inevitably affect the efficiency of users' use of patented technologies.In order to improve the efficiency of the promotion and application of advanced technology in the industry,standard essential patents have emerged,which are different from ordinary patents application form.A series of problems brought by the new form are mainly due to the improvement of the negotiating status of standard essential patentees.Standardization organizations in countries around the world have used the method of allowing standard essential patentees to make commitments to FRAND licenses to solve these problems,that is,the standard essential patentee promises to make a license commitment on the principles of"fair,reasonable and non-discriminatory".However,there is a natural conflict between the patent injunction and the FRAND commitments.As the basic relief method granted to patentees by patent law to protect their rights and interests,the application of the injunction is also reasonable,but at the same time it should be limited by the FRAND commitments.In judicial practice,the traditional "direct application of injunctive relief"is abandoned,and the application of injunctions to set the standard essential patent injunctive relief is usually chosen to restrict the application of injunctions.The EU and the United States have a long practical experience in this field,so they have more experience on this issue,and China has gradually started to try in recent years.And since choosing to restrict injunctive relief,it is bound to face the abuse of injunctive relief by' standard essential patentees.For this abuse,the regulation of the patent law alone is' slightly inadequate.At the same time,other laws can be consideted strengthening regulations on injunctive relief.China's exploration of the relevant system of standard essential patent injunctive relief under the FRAND commitment is still in its immature stage.It needs to learn from other countries' experience and improve it based on China's national conditions.This article mainly discusses the standard essential patent injuctive relief under the FRAND commitment through the following five aspects.First of all,the concepts related to the thesis and the main research issues are summarized,briefly introduce the basic meaning of the promise of "fair,reasonable,and non-discriminatory",also addressing its conflicting relationship to injunctive relief,which is the main issue of the thesis research.The second part builds on the;issues raised in part one,on the basis of clarifying the reasonableness of its application,it discusses that public interest and balance of interests between the parties has limited the application of injunctive relief.The third part discusses and studies the conditions for the establishment of injunctive relief by analyzing the European "Orange Book Standard",the "Four Elements Standard" of the United States,and the relevant standards applied in China's current practice.The fourth part discusses the injuctive relief relief regulation path.The feasibility analysis is carried out from three different perspectives:the special rules regulation in the patent law,civil law,and antimonopoly law,briefly discuss the applicable conditions from the perspective of antimonopoly law.The last part is to sort out the status quo of the related system of injunctive relief in China and reflect on the form and content of the system norms,and to draw on the above-mentioned useful experience in the establishment conditions and injunctive relief abuse regulation.to improve China's current relevant system.