The United States,as the origin of non-practicing entity(NPE),has many judicial cases and empirical studies on the application of injunctive relief for NPE.By investigating the history of injunctive relief for NPE,it reveals that industry entities play an important role in driving the transformation of applicable rules.Applicable rules have a return of equity principle,and a trend from general to strict application,to achieve the effect of the regulation of NPE to a certain extent.However,there is also a risk of institutional failure to some degree.Based on this,in applying injunctive relief for NPE in China,it should retain NPE's basic right to applying for stopping infringement in principle,and follow the principle of interest balance to weigh the interests between parties and between NPE and the public interests.The court should adopt general application as the main approach,with no-application as the exception,and set the consideration factors and carry out the factor test analysis to decide whether the remedy for damages should be applied instead of stopping infringement.
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