Research On The Application Of Standard Essential Patent Injunction Relief

In the final analysis,the monopoly problem caused by the injunctive relief of standard essential patents(SEP)is the contradiction derived from the patent law.SEP is a patent,and the injunction arising from it should first be tried in accordance with the patent law.The patent law has the obligation to protect the patentee’s legitimate exercise of its exclusive right and promote technological innovation and development.Only when it exceeds the control scope of the patent law and affects social and economic efficiency and free competition,the intervention of the anti-monopoly law is needed,otherwise there may be an overhead patent law.In order to clarify the nature of injunctive relief,it is necessary to judge from the definition of Frand,the negotiation behavior of the parties,subjective factors and so on.Regarding frand principle as an invitation to offer and the principle of good faith,compared with other definitions,has applicable soil in China,and conforms to the original intention of frand.It can avoid attaching too many obligations to the obligee,avoid the "theory of license of course",and correct the concept that the standard implementer’s use of a patent is regarded as non infringement and the obligee’s application for an injunction is regarded as abuse of rights,The principle of good faith runs through the whole process of negotiation,which not only restricts users,but also conforms to the concept of frand.Although the frand principle should not be regarded as a denial of the obligee’s right to win the lawsuit for injunctive relief,it is necessary to strictly review the application of the injunction in order to respond to the frand license commitment,avoid patent hijacking and balance the interests of all parties.In the case of determining the nature of frand and that the prohibition right is not denied,it is necessary to clarify the division of labor and cooperation between Patent Law and antitrust law,refine the conditions for the application of prohibition from the perspective of antitrust law and patent law,pay attention to the role of social standard and the principle of good faith in civil law on the regulation of prohibition,and improve laws and regulations,Provide a more detailed application scheme for judicial practice.