Study on the Injunction System of China's Standard Essential Patent Litigation

Abstract

In the context of the digital age, disputes arising from standard-essential patent (SEP) licensing are becoming more frequent. At the same time, parallel litigations due to the SEP litigations are also increasing, and courts in various countries are now more inclined to adopt the injunction system to deal with this problem. In this paper, this article will review the origin, development, classification and role of injunction, analyse the implementation of the injunction of standard-essential patents in China, and point out the deficiencies of the current injunction system of standard-essential patents in China. At the same time, this article will put forward suggestions including improving the issuance requirements and procedural propriety of the injunction, as well as countermeasures in the face of foreign restrictions on China's jurisdiction, hoping that the injunction system will play a more effective and fair role in China's standard-essential patent litigation dispute resolution.