Research On The Anti-anti-suit Injunction System For Standard Essential Patents

In the era of knowledge economy,the global intellectual property war has long been in the air,and all parties are waiting for the battle.For standard-essential patents,whoever masters technical standards has the right to speak in technological competition.Standard-essential patent holders and standard implementers are likely to conduct cross-regional patent wars based on their different rights in various countries.This has led to frequent international parallel lawsuits for standard essential patents in recent years.With the gradual rise of my country’s wireless communication technology,my country’s enterprises are inevitably involved in the torrent of international disputes over standard essential patents.Based on the litigation strategy,the parties often apply and obtain anti-suit injunctions to restrict the other party’s right to litigate in other countries,so as to pursue a favorable position in the litigation,and the other party usually applies to the courts of other countries for anti-anti-suit injunctions.Implement countermeasures.In the face of transnational anti-suit injunctions issued by foreign courts,my country lacks an active and effective response system,and is relatively passive in the dispute over the jurisdiction of standard essential patents.In such a situation,Chinese companies bear the brunt and are squeezed by the anti-suit injunction ruling in standard-essential patent litigation.In the face of other countries’ opposition to my country’s judicial jurisdiction,my country needs to establish an effective countermeasure mechanism to protect my country’s legitimate judicial sovereignty in international disputes over standard-essential patents.On the one hand,under the overall national security concept,if my country wants to build a global intellectual property highland,it must take the initiative in the issue of jurisdiction.On the other hand,the Ministry of Commerce and the Standing Committee of the National People’s Congress have successively issued regulations and laws to combat the improper application of foreign laws,which also shows my country’s determination to safeguard the private rights of its citizens and organizations,social public interests and national interests.Therefore,the anti-anti-suit injunction system,as a countermeasure directly against the anti-suit injunction,is worthy of in-depth discussion.There are no practical cases of implementing anti-anti-suit injunctions in my country,but the practices of some foreign courts can provide us with some reference in terms of the scope of effectiveness of anti-anti-suit injunctions and the considerations for implementing anti-anti-suit injunctions.The construction of my country’s standard-essential patent anti-anti-suit injunction system can be carried out from the following aspects: First,clarify the legal positioning and existing form of the anti-anti-suit injunction system,and make a reasonable "anti-anti-suit injunction system" in the litigation legal system.placement".Among them,the intellectual property behavior preservation system is an optional path;the second is to point out the conditions and factors that need to be considered in the issuance of an anti-anti-suit injunction,including preconditions and substantive connections,to provide a reasonable basis for the issuance of an anti-anti-suit injunction The third is to rely on the corresponding enforcement safeguards to ensure the smooth implementation of the anti-suit injunction.At the same time,the relevant rights and obligations of the parties should be clarified to avoid malicious abuse of the anti-suit injunction system.