Research On The System Of Anti-Suit Injunction In Foreign-Related Standard Essential Patent Disputes

Anti-suit injunction refers to a restrictive order issued by a court against a party subject to the jurisdiction of that country,which prevents the party from filing or continuing the same or similar proceedings that have been filed in a foreign court.As the position of Chinese enterprises in the development of the world economy has gradually improved and their share in the field of information and communication industry has gradually increased,Chinese enterprises are facing more and more anti-suit injunctions issued by foreign courts,while standard essential patent disputes between global information and communication enterprises are mainly represented by international parallel litigation.By analyzing the relevant cases of issuing anti-suit injunctions in standard essential patent disputes in China,and based on advanced foreign experience,constructing an independent anti-suit injunction system independent of behavior preservation is conducive to showcasing China’s discourse power,promoting the resolution of international civil and commercial disputes,and maintaining national judicial authority.This article is divided into the following five chapters for the study of the anti-suit injunction system for standard essential patent disputes related to foreign standards.Chapter 1 is an introduction,including the background,significance,research status,and research methods of the topic,aims to explain why this topic is chosen as the research content,and summarize and extract the research situation of domestic and foreign scholars.Chapter 2 provides an overview of the concept,historical development,and specific situations of standard essential patent disputes.It analyzes the reasons for the emergence of anti-suit injunctions in standard essential patent disputes,and elaborates on the theoretical basis of anti-suit injunctions in standard essential patent disputes based on the principles of national sovereignty,basic theory of jurisdiction,and international comity.Chapter 3 is based on summarizing the specific situation of Chinese enterprises facing anti-suit injunctions in foreign-related standard essential patent litigation.It discusses the shortcomings of the temporary anti-suit injunction system in China’s current legislation and the shortcomings of the behavior preservation system itself.In judicial practice,courts have relatively simple reasoning in determining jurisdiction,public interest,and international comity,and have not fully protected the litigation rights of parties.Chapter 4examines the application of anti-suit injunctions in the United States,the United Kingdom,and Germany,and draws on their experience,conditions for issuance,and consequences of punishment.Chapter 5 is the reconstruction of China’s anti-suit injunction system.Based on the problems existing in China’s anti-suit injunctions and the successful experiences of countries such as the UK,the US,and Germany,targeted suggestions are proposed to establish an independent anti-suit injunction system independent of behavior preservation in legislation and clarify the applicable conditions for anti-suit injunctions of the standard patent dispute.The final conclusion summarizes the main research results of this article and proposes the innovation and limitations of the article,with the aim of improving the judicial protection level of intellectual property in China by studying the system of standard essential patent dispute anti-suit injunctions.