Analysis of the Construction of Chinese Anti-Suit Injunctions about SEPs

Abstract

With the development of Chinese science and technology careers, there is an increasing number of Chinese telecommunicating enterprises going abroad. With territorial and international characteristics, the SEPs (Standard Essential Patents), represented by wireless telecommunicating techniques, have become the key subject of numerous parallel international lawsuits. The countries operating the Common law system have been using anti-suit injunctions to solve the problems of international parallel lawsuits, and Chinese courts also attempted to solve these problems by using anti-suit injunctions, however, which were assaulted by foreign courts immediately. Although deeply influenced by the Civil law system, Chinese courts do have the fundamental right to issue anti-suit injunctions about SEPs. In consideration of the international comity, issuing anti-suit injunctions also needs to satisfy the form and real conditions.