Study On The Issue Of Injunction Relief In Standard Essntial Patents

Injunction relief is one of the important remedies for patentee to protect their legitimate rights and interests.However,as people's awareness of intellectual property continues to increase,more patents are included in the standard.Correspondingly,case concerning standard essential patent infringement disputes have also occurred continuously,and the application of injunction relief has become a difficult point in the practice and theoretical circles.On the one hand,if the application of injunction relief is not restricted at all,it will lead to the occurrence of"patent hijacking";on the other hand,if the full restriction of the application of injunction relief will lead to "patent anti-hijacking".In addition,the FRAND principle requires restrictions on injunction relief,and the implementation of standard essential patents is related to the public interest,and the difficult issues of injunction relief should be properly handled.China's relevant legislation stipulates the application of the standard essential patent injunction relief,but the existing norms only apply to some standard types,and there are certain differences in the provisions of the same content,some provisions do not balance the interests between the two parties,the public interest is not considered.In order to further clarify the specific rules applicable to injunction relief,the parties to the license are guided to conduct effective licensing negotiations based on the FRAND principle and to maximize the balance between the parties and the public.To this end,it is necessary to clarify the provisions of the existing normative documents on injunction relief on the basis of clarifying the application of the law applicable to the standard necessary patent injunction relief,and then improve the specific negotiation rules of the injunction relief and the court's trial ideas.