Research On The System Of Injunction For Standard Essential Patents

Standard-essential patent injunction refers to the court in the process of hearing standard-essential patent disputes,requiring the parties to stop litigation activities in other courts or arbitration tribunals by way of action or inaction.At present,China has not yet made separate provisions on the injunction,but since2020 there have been several cases of standard-essential patent injunction issued,to a certain extent,to protect the judicial sovereignty of China,the legitimate rights and interests of our enterprises.Although many scholars in recent years have discussed the issuance requirements of the standard-essential patent injunction on the doctrinal level,there is still no clear elaboration of the issuance conditions from judicial decisions;in addition,because of the recognition of foreign countries for our judgment,how to make the injunction effectively implemented also needs further discussion.This paper takes the standard-essential patent injunction system as the research object,and explores the concept,origin,classification and development of the injunction from the theoretical level,and discusses its application and characteristics in the field of standard-essential patent disputes in depth.Through the analysis of China’s existing laws and judicial cases,it is believed that China has not yet formed a more complete standard-essential patent injunction system,based on this,there is extensive experience in the application of the United Kingdom,the United States of legislation and judicial situation to analyze and categorize,trying to learn from the experience,and supplemented by the experience of civil law countries to explore.On this basis,the legislative and judicial status of China’s standard-essential patent injunction is analyzed,and the shortcomings are pointed out.Finally,this paper provides some opinions on how to establish and improve the standard-essential patent injunction system: China should clarify the principle of international comity as the principle of modesty when applying the injunction,and the domestic and foreign lawsuits involved in parallel proceedings,endangering China’s jurisdiction or abuse of the right to sue as the elements of the issuance of the injunction;in addition,it should also establish an appropriate application of the guarantee mechanism,expand the daily penalty mechanism of the Kang Wensen case,and try to try the first-instance judgment.In addition,should also be through the establishment of appropriate application of the security mechanism,the expansion of the Kang Wensen case of the penalty mechanism,the first trial verdict to try to take effect in the implementation of the way to ensure that our courts issued a ban on the effective implementation.