Research On Injunction Relief In Standard Essential Patent Infringement Disputes

The standardization of technology helps to achieve technology interoperability,reduce barriers to international trade,and reduce consumer costs.Especially in the field of mobile communications,technology standardization can greatly reduce production costs and stimulate market expansion.Therefore,standardized technology has With huge commercial value,major companies have focused their attention here.Previously,the application of standard essential patents in my country was restricted by others,and little attention was paid to them.The relevant legal system and judicial practice lag behind other countries.With the rise of domestic mobile communications companies such as Huawei,China has gradually mastered the right to speak in the mobile communications field,my country’s legislation and judicial practice in the field of standard essential patents should also be gradually developed.Standard-essential patents are becoming more and more important in the context of the development of my country’s mobile communications field.Chinese courts have heard a number of standard-essential patent cases before,but my country’s injunction relief implementation rules are not perfect,and the resulting discussion is endless,how to establish injunction relief Judging rules to better serve standard essential patents is a key issue that should be considered now.Looking at the judicial practice abroad,regarding the issue of injunction relief for standard-essential patents,the current ruling of the European Court of Justice in the Huawei v.ZTE case put forward the "five steps + three reservations" standard,which is of great significance in solving the application of injunction relief.Reference meaning.The U.S.Courts have basically followed the principle of equity(four-factor test)established in the e Bay case for the use of injunctions.In other cases,they have also developed their own domestic injunction relief ruling rules,comparing whether the injunction is used or not.The combination of harm to the public interest or not is also of great reference for my country.This article will analyze the legislative practice and judicial practice of China’s standard essential patent injunction relief,and point out the problems in China’s standard essential patent injunction relief system.Through the establishment of injunction relief pre-requisite rules,determine the nature of the invitation of FRAND commitments,and establish an injunction relief system.The medium fault degree judgment rule and guarantee system,combined with the construction of extraterritorial injunction relief adjudication rules,explore the establishment of a more complete standard essential patent injunction relief adjudication rule in China,in order to bring more thoughts on solving related problems in the judicial field of our country.