Research On The Applicability Of The Injunction System In Standard Essential Patent Dispute

The 21 st century is an era of rapid development of information and communication technology,and the demand for interconnected social development has given rise to the standardization of technology patents.The contradiction between the increasing innovation ability of high value-added industries and the mismatch of patent protection level is one of the prominent structural contradictions facing patent protection in China.The essential patents in the standards of information and communication field play an important role in promoting industrial development.In this paper,we have studied the adjudication documents of two typical cases of standard-essential patents in the field of information and communication and found that the adjudication authorities have different requirements for the issuance of injunctions against standard-essential patents and general patents.First,the subjective element of fault of the parties is incorporated in the standard-essential patent cases.The second is that the adjudicating authority considers that the right holder is obligated by the FRAND commitment,thus affecting its right to apply for injunctive relief.This paper considers that the existing system of injunctive relief for standard-essential patents and its application in China have the following problems:(1)the nature of FRAND commitment is still not clear,and how FRAND commitment affects the right to injunctive relief of the standard-essential right holder still needs to be further explored;(2)the reasonableness of the limitation of injunctive relief needs to be analyzed after clarifying the basis of the right to request for injunctive relief;(3)the issuance of injunctive relief The principles and specific considerations should be clarified.The author believes that although standard-essential patents have public attributes,the nature of their personal property rights cannot be ignored and should be actively protected on the basis of respecting the personal property of the patentee and not harming the public interest of society.At the level of legal system,the order of application of various sectoral laws in the field of standard-essential patents should be sorted out clearly,and the injunctive relief system should be fine-tuned,which can be solved by the low level of legal effect and the national working guidelines of the adjudicating authority.In terms of the application of specific systems,the degree of work connection between judicial organs and administrative organs and administrative organs should be strengthened,mutual cooperation and information sharing,incorporating the principle of proportionality into the principle of adjudication of injunctive relief,and introducing negotiation into the dispute resolution process to help adjudicative organs solve problems fairly and resolve disputes efficiently.The above suggestions can make the standard-essential patent injunctive relief system more complete and well-connected,so that the adjudicative organs can enforce the law fairly,stop disputes quickly,and better weigh the public interest,the rights of the right holder and the interests of the implementer.