On The Limitation Of Relief From Standard Essential Patent Injunction

Standard essential patents contain the dual attributes of patent rights and technical standards.Patent rights are a right that can be used exclusively within a certain range and within a time limit,while standards are the common confirmation of technologies in the field reached by consensus of standard-setting participants after consultation.The technical specifications have certain universality.In the process of technology implementation,the common standard of technical standards was incorporated into the protection of patent rights,so that the balance of interests between the "public domain" and "private domain" protected by the patent rights was broken,and the patent rights entered the common ownership of standard technology inventors.field.How to protect the patent rights among inventors with standard technology has become a special issue that the law needs to treat.Considering that the right holders of standard patents may suspect abuse of rights and form market control status in the process of using standard essential patents,the court rarely supports injunctive relief when handling standard essential patent disputes.However,the courts adopted by the courts regarding the restrictions on the application of the injunction vary.As a case law country,the United States mainly adopts the patent law + contract law approach to limit the issuance of injunctions.The infringed infringements are very strict in determining the antitrust defense standards issued by injunctions;Germany,as a country with a civil law system,mainly introduces Monopoly defense standards limit the patentee 's right of injunction;the attitude of the European Court and the European Commission is more in line with the concept of balance,and more detailed provisions are made on the conduct obligations of both parties in the licensing negotiation,based on the goodwill standard of the perpetrator To decide whether to issue an injunction,our courts have summed up some experiences on the basis of the EU court hearing rules,that is,based on the “fault” of both parties in the permit,they will investigate the pre-litigation behavior and decide whether to issue the injunction.Combining the judicial practice of various countries and the relevant regulations of our country,the author believes that the limitation of the standard essential patent injunctive relief should be based on the relevant intellectual property policy determined by the standardization organization,starting from the "quasi-public goods" nature of the standard essential patent and balancing the interests.At the core,for the purpose of ensuring equal negotiation status of the licensees and protecting freedom of cross-licensing,the infringer 's fault is judged and considered in the process of issuing the injunction,and the infringement is included in the investigation of the overall substantive behavior to determine the issue of the injunction Necessity,and consider the possible consequences of the issuance of the ban and push the negotiation to the negotiating table as far as possible,so that the ban relief can be properly restricted.