Research On Anti-anti-suit Injunction In International Litigation Of Standards-Essential Patents

With increasingly close economic connections among countries around the world,and the use and protection of intellectual property becoming more and more important,AntiAnti-Suit Injunctions in international SEP litigation frequently appear.Originating from the injunction system of common law system,AASI is an order issued by a country’s court against the parties.It has developed from the single function of assigning jurisdiction in the early stage to the mixed function of solving international parallel litigation,providing relief for the parties and maintaining the public interest of the country,which is widely used in international SEP litigation.There is a preliminary attempt to sign and issue legal injunction under the behavior preservation system in judicial practice,but there are still some defects in the existing legal system such as narrow jurisdiction,absence of consideration for standard and issue factors and lack of procedural remedies.Therefore,it should be further improved to match the application of AASI to protect the legal rights and interests of high-tech enterprises and safeguard our judicial sovereignty.AASI play an important role in resolving international parallel litigation in international SEP litigation.However,due to the inherent conflict between regional patent rights and global standards,the participation of FRAND licensing parties in the game,and the expansion of court jurisdiction,improper abuse of injunctions may damage the interests of parties or cause judicial hostility in different jurisdictions.And that led to the injunction wars.From the judicial practice of AASI overseas,it can be seen that the legitimate sources of issuing AASI include equitable relief and public order reservation.When issuing AASI in accordance with the entity rules and procedural rules of their own countries,they should also pay attention to international comity.Injunction system will make our foreign intellectual property litigation system richer and more stereoscopic.It should improve the construction of the system relying on the act preservation provisions of civil procedure law and relevant judicial explanations.The standard for issuing AASI should consider the following factors:jurisdiction confirmation,party’s right relief,public and private interest measurement,international comity reflection.At the same time,the jurisdiction should be expanded to gain initiative and the procedural clause should be added to guarantee the fairness of the procedure.