| The standard is closely combined with the patents and cannot be implemented without the patents.The practitioners have to acquire a patent license from the patentee for implementing the standard.The patentee’s bargaining power surges which makes the patentee has a dominant position in the negotiation about the patent license.In order to balance the bargaining power of the patentee and patent licensee,the standard setting organizations(SSOs)created the FRAND principle.FRAND principle has gained general acceptance and become the first principle to solve the disputes of the standard essential patents.According to FRAND principle,the patentee made a FRAND commitment.However,whether the patentee who made a FRAND commitment can obtain the injunctive relief is a common problem faced by each country when they deal with the disputes of the standard essential patents.This article draws a conclusion that making a FRAND commitment does not mean that the patentee cannot obtain the injunctive relief by analyzing the relationship between the FRAND principle and the injunction.The injunction can be issued in some certain circumstances and the application of the injunction should be strictly limited.Furthermore,it gives an overview of the abroad and domestic research of the situation of the injunctive relief on the standard essential patents.It’s found that the current regulations are blurry enough and widely distributed.In the end,it’s suggested to introduce the application of the FRAND injunction and improve the provisions on the standard essential patents thought studying the experience of other countries.It’s hoped that it will be beneficial to the trial of the standard essential patent about the injunctive relief. |
