On the Application of Injunction in Standard Essential Patent Litigation and China Solution
As a tool for competing for jurisdiction,injunction is applied more and more frequently in standard essential patent litiga-tion.China's enterprises face the threat of parallel litigation in standard essential patent litigation,and are frequently hit by injunc-tions.In order to counteract this,China has been actively expanding the application of anti suit injunction.However,there is no le-gal provision for anti suit injunction in China,and frequent application of anti suit injunction will lead to the chaos of international ju-dicial order and trigger the prosecution of the European Union.For this reason,China should,on the basis of appropriate reference to overseas experience,cautiously apply the anti-suit injunction,construct a legal basis based on behavioral preservation,establish a blocking mechanism,and promote international cooperation in order to realize the substantive resolution of jurisdictional disputes.
Standard Essential Patent LitigationInjunctionJurisdiction
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