Research On The Anti-suit Injunction Of Standard Essential Patent

Anti-suit injunction is a system for dealing with conflicts of international jurisdiction in international parallel litigation.It is mainly used to restrict the litigation in the courts of other countries by parties with jurisdiction in one country.In judicial practice,the anti-suit injunction can be used to solve the problem of international parallel litigation.It can not only effectively protect the lawful rights and interests of civil litigants in the country,but also protect the jurisdiction of the country.However,the anti-suit injunction is not without its drawbacks.The countries that issued the anti-suit injunction all target the parties involved in the anti-suit injunction,but in fact it also indirectly hinders the judicial sovereignty of other countries.In recent years,as the status of China’s wireless communications industry has become more and more important,the legal risks and challenges my country faces in international intellectual property activities have gradually increased.Especially in the field of standard-essential patent disputes,courts of other countries have issued more and more anti-suit injunctions against Chinese parties.At the theoretical level,the current research on the analysis and development trend of the anti-suit system is still lacking.In judicial practice,as the importance of Chinese parties on the stage of international parallel litigation has become increasingly prominent,the attitude towards anti-suit injunctions used to be a strategy of passive avoidance,which is slightly single,and has brought a lot of problems to Chinese parties.Trouble and loss.The situation has improved in recent years.In individual cases,Chinese courts have taken the initiative to attack,but this is far from enough,and it needs to be carefully studied.At present,the courts of other countries frequently issue anti-suit injunctions against the parties in civil litigation in my country.However,my country has not yet established a clear anti-suit injunction system,which cannot effectively protect the legal rights of the parties in civil litigation and the judicial sovereignty of our country.In response to the above situation,this article studies the current legislative status and judicial status of my country’s current standard-essential patent anti-suit injunction system and finds that my country has no clear legal system at the legislative level and lacks a corresponding deterrent and punishment mechanism;at the judicial level,most of my country’s The court adopts a passive evasion attitude towards anti-suit injunctions.This article compares and analyzes the legislative and judicial practice experience of the anti-suit injunction system in the common law system and the civil law system,and summarizes,draws on the experience and lessons,and combines my country’s own existing injunction injunction and other related systems.,Choose a route suitable for our country.Finally,through the establishment of a clear standard-essential patent anti-suit injunction legal system,clarify the principle of issuance of anti-suit injunctions,and combine my country’s existing legal system to construct and improve my country’s standard-essential patent anti-suit injunction system.