Judicial Response to Anti-suit Injunction Conflicts in Cross-border Litigation of Standards Essential Patents in the ICT Field
As a critical strategic technology for leading future science and technology and achieving industrial upgrades,ICT technical standards have become the"focus of interest"in industrial competition and an important engine for the industrialization of scientific and technological innovation in various countries.The frequent occurrence of anti-suit injunction conflicts is the inevitable outcome of parties seeking advantages and avoiding disadvantages in litigation.The use of anti-suit injunctions and other forms of extraterritorial long-arm jurisdiction by countries including the U.K.and the U.S.to curb China's scientific and technological innovation in key areas such as 5G reflects the concentrated manifestation and development trend of great power competition in the field of intellectual property rights.In the absence of a unified and effective international coordination mechanism,China should clarify factors for FRAND licensing fee considerations to reduce the ambiguities of the FRAND principle that lead to disputes;improve the licensing negotiation mechanisms to guide both parties towards fair and efficient negotiations;pay attention to international comity to avoid unnecessary conflicts that could damage international relations and the judicial order,seeking fairness and justice in balancing and coordinating private interests with public interests.
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维普
