Research On The Anti-Suit Injunction In The International Parallel Litigation Of Standards-Essential Patents

In recent years,the issue of standard-essential patents has become a hot topic of intellectual property protection in China.Standard-essential patents,as the essential and necessary "neck technology" for the implementation of technical standards,are the focus of strategic competition among enterprises.With the increasing number of standard-essential patents involved in the production and operation of enterprises,the contradiction between licensing negotiation and market expansion involving FRAND licensing rates has become increasingly intensified,and the difficulty of standard-essential patent licensing negotiation and the number of the International parallel litigation involved have increased drastically.The parties choose the court that is favorable to them and easier to issue the anti-suit injunction to litigate in order to seize the market share,enhance the competitiveness of the industry and obtain high revenue,and the national courts with the anti-suit injunction system use this tool to compete for jurisdiction.Although China does not have clear provisions of the anti-suit injunction system,but gradually explored the anti-suit injunction issuance system based on the behavior preservation system.To this end,this paper takes the generation of international parallel litigation of standard-essential patents as the starting point,firstly introduces the types of standard-essential patent disputes under the FRAND principle,and analyzes the reasons why international parallel litigation is prone to occur in this field.By introducing the relevant features of the anti-suit injunction,studying the connotation and inherent conflict between the anti-suit injunction and standard-essential patents,clarifying the classification and basic features of injunction in international parallel litigation of standard-essential patents,and summarizing the causes and effects of the frequent occurrence of injunction in international parallel litigation of standard-essential patents.Then,by further combing the domestic intellectual property act preservation system,the foreign-related civil and commercial jurisdiction system,and the typical cases of foreign-related standard essential patents recently issued with anti-suit injunctions,we can understand the current status of the application of anti-suit injunctions in China,and reveal the current existence of anti-suit injunctions.The applicable conditions need to be improved,the jurisdiction is not clear,and the conflict between the anti-suit injunction and the anti-suit injunction is difficult to resolve.Combined with the provisions of the extraterritorial injunction system and the judicial practice of relevant standard essential patents,this paper analyzes the judgment ideas of extraterritorial courts and the conditions for the issuance of anti-suit injunctions,so as to provide relevant reference for how to improve the application of injunctions in international parallel litigation of standard essential patents in China in terms of legislative provisions,issuance principles and the application of injunctions under the FRAND principle.On the issue of how to deal with the the anti-suit injunctions in the international parallel litigation of standard-essential patents in China in the future,this paper tries to put forward suggestions from three aspects: the purpose and principle of the application of the the anti-suit injunction,the specific issuance rules and the coping strategies of the the anti-suit injunction conflict.On the basis of clarifying the objectives and principles of the application of anti-suit injunction in China,we will further improve the legal basis,jurisdictional conditions,review considerations,procedural conditions and penalties for the application of anti-suit injunction.Combined with the trend of the conflict between the injunction and the anti-injunction in the international parallel litigation of standard essential patents in reality,from the perspective of resolving substantive disputes,it is proposed that China should promote the construction of FRAND negotiation mechanism and strengthen international mutual trust and cooperation.By improving the application of the anti-suit injunction in the international parallel litigation of standard-essential patents in China,we can effectively protect the interests of our clients and multinational enterprises in China,safeguard the national judicial sovereignty,and improve the discourse power of China in the field of standard-essential patents.