On The Cross-border Relief Of Standard Essential Patents

After industrial revolution, large-scale manufacturing brought the need for interchange of product component. When British began to construct its first submarine cable, it brought another demand for standardization——product compatibility. With the rise of Internet,standard essential patent (SEPs) has become an important means in patent warfare. This article conducts its research by focusing on the right restrictions against SEPs holders, and combing the potential problems encountered by cross-border enterprises in extraterritorial lawsuit and their counter measures.This paper discusses the concept of SEPs and the causes of regional problems, which are the new issues outbreaking in recent decade with the rise of Internet technology. There is no definite conclusion towards such issues. Even in the developed country like the United States, corresponding mechanism towards such issues is not yet complete. As a case-law country, a lot of legal systems in the United States are built in the process of dispute settlement,and eventually come into conclusion. Though there are plenty of such disputes at present, most of them settle out of court, leaving binding precedent hard to form.Furthermore, the mainstream viewpoint of SEPs, clarifying solution to such issues. By analyzing the subjects involved in such cases, it is not difficult to find out that most subjects enjoy obvious trans-regionalities, which intertwines such issues from a pure intellectual property issue into a regional legal issue. However, past research mainly focused on F/RAND principle to determine reasonable authorization amount in trial and paid less attention to regional issues in cases. When reading case file of Microsoft Corp. v. Motorola Inc. carefully, it is not difficult to find out that the United States Court of Appeals for the Ninth Circuit, as appeal court, recognized the authorization amount identified by trial court at first; then it did not concentrate on how to determine reasonable authorization amount, but discussed regional conflict in the case instead. Meanwhile, this chapter also compares the patent and trade ban systems in Germany and the United States to illustrate cross-border remedies in such cases.In sum, analyzes based on judicial, administrative and non-governmental perspectives.It eventually discusses the feasibility of remedying the situation where foreign enterprises infringe our enterprises by 337 investigation and similar litigation means under our legal system. In addition, it discusses the necessity to establish our open-source SEPs organization,to promote innovation through technology sharing on one hand, and reduce legal risks middle and small-sized enterprises encountered in cross-border operation through authentication service on the other hand.