| Judging from some current cases,there are some doubts or disputes regarding the applicable conditions of the standard essential patent injunctive relief.For example,what are the necessary conditions for the application of the standard essential patent injunctive relief,and under what circumstances the standard necessary patent injunctive relief cannot be applied,etc.The application of the standard essential patent injunction relief shall have conditions such as infringement of standard essential patents,other remedies have limitations on the protection of standard essential patent holders but injunctive relief can be compensated for the protection of standard essential patent holders,injunctive relief should exclude damage to the public interest.At the same time,the application of this relief cannot seriously violate the standard necessary patent information disclosure obligation,and cannot seriously violate the FRAND principle.It cannot constitute a serious violation of the fiduciary duty by deceptive behavior,nor can it abuse the dominant position of the market.In order to better apply the injunctive relief of standard essential patents,China should combine the professionalism of standard essential patents with the existing patent law,contract law and anti-monopoly law by increasing legal provisions and legal interpretations.Improve the existing legal system and establish a legal system that is consistent with the current status of China’s patent injunctive relief.In the absence of timely improvement of the current legal system,the judiciary should use judicial means to compensate for the shortcomings of the existing legal system in the application of the standard necessary patent injunctive relief on the basis of respecting the existing legal system. |
