| The standard essential patent holder ’s application for an injunction is the right granted by the law to the patent holder.A way of right relief cannot be said to be an illegal act in essence.If it is considered that the right granted by the patent law to the patent holder is essentially illegal,it is inconsistent with the legislative spirit of the law and contrary to the legislative purpose.The main purpose of applying for an injunction by a standard essential patentee is to prevent further infringement of the rights of the patentee,which has the effect of preventing the expansion of losses.Only when a series of follow-up actions brought about by the standard essential patentee applying for an injunction remedy have the effect of restricting and excluding competition,the injunction remedy of the standard essential patent will constitute a monopoly act referred to in the anti-monopoly law.The injunction relief of standard essential patents may lead to three results.One is the fair trading behavior in line with the competition law,the other is the problem that the patentee regrets the formation of patent hijacking after the application for the injunction is approved,and the other is the problem that the patentee may form patent reverse hijacking without the approval of the injunction.The regulation of standard essential patent injunction relief mainly lies in the monopoly effect of exclusion and restriction of competition caused by the abuse of market dominance by the obligee in the standard essential patent injunction relief,thereby damaging free competition and consumer interests,leading to confusion and unfair competition in the market order.For standard essential patents,the above behaviors that damage market competition are the defects of regulation in the field of private law,and the attribute of anti-monopoly law that takes into account public and private interests can well solve the monopoly problem caused by the relief of standard essential patents prohibition,and promote market innovation and fair trade.The injunction relief of standard essential patents not only includes the content of substantive law,but also includes the content of procedural law.For the regulation of the injunction relief of standard essential patents,it is necessary to an institutional system based on anti-monopoly law.Starting from the examination of injunction applications,the negotiation of licensing negotiations and the related antimonopoly supporting system,a complete system of the injunction relief of standard essential patents should be constructed,so as to ultimately solve the interest balance between the patentee,the standard implementer and the public interest in the implementation of standard essential patents,form an innovative incentive mechanism,maintain free competition in the market and stability of order,and ultimately promote the progress of science and technology. |
