China's Practice and Response Strategies for ASI of Standard-essential Patent Disputes
DOI:
https://doi.org/10.54097/ehss.v11i.7504Keywords:
Standard-essential patents; ASI; conduct preservation; jurisdiction; international parallel litigation.Abstract
The Anti-suit injunction (ASI) system originated from the common law system. Its function has developed from the initial solution of domestic parallel litigation to the present widely used in coordinating the handling of international parallel litigation jurisdictional conflicts. In recent years, international parallel litigation is frequent in the Standard-essential Patents (SEPs), and the ASI has become an important institutional tool for resolving jurisdictional disputes over SPEs. In particular, the Chinese judiciary has started the practice of "ASI" in SEP disputes by way of behavior preservation, which has aroused widespread concern of the international community. AS Chinese law has not established an ASI system, the current judicial practice mainly refers to the trial experience in the United Kingdom and the United States, and relies on China's behavioral preservation system to make decisions. However, there are many shortcomings in this ruling itself, for example, Chinese judicial organs have paid attention to the lack of sufficient basis for the time sequence of parallel litigations, their arguments in respect of the public interest and international comity are not sufficient, and the ASI is excessively broad in terms of remedies and territorial coverage. Therefore, it is not only necessary but also urgent to establish a perfect legal system of ASI for China's legislation and judicial practice.
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Huawei Technology Co., Ltd, Huawei Terminal Co., Ltd, Huawei Software Technology Co., Ltd and Conversant Wireless Licensing Co., Ltd Confirmation of Non-Infringement of Patent Rights and Standard Essential Patent Licensing Dispute Series" See Supreme People's Court (2019) Supreme Court Zhi Min Final Civil Ruling No. 732, 733, 734 I.
EU challenges China at the WTO to defend its high-tech sector. 18 February 2022. https://cyprus.representation.ec.europa.eu/news/eu-challenges-china-wto-defend-its-high-tech-sector-2022-02-18_en
Sun Yiwu: Injunctive Measures under the TRIPS Agreement-A Discussion of the EU v. China IPR Enforcement Measures Case [J], WU International Law Review, Vol. 4, 2022, pp. 127-144.
Qian Xiaoqiang: Exploring the issue of injunction in communication standard-essential patent disputes [J], Electronic Intellectual Property, Vol. 9, No. 2021, pp. 56-63.
Song Xiao: Judicial approach to injunctions in foreign standard-essential patent disputes [J], Jurisprudence, Vol. 11, 2021, pp. 176-192.
Zhang Weiping: The Construction and Implementation of Injunctions in China [J], Chinese Law Review, 2022, No. 2, pp. 173-185.
Ou, F. Y., Yuan, J. P.: The injunction system in international patent litigation [J], Journal of Hunan University (Social Science Edition), Vol. 2, 2022, pp. 136-146.
Turner v. Grovit (Reference to ECJ) [2001] UKHL 65; [2002] 1 W. L. R. 107; [2001] 1 2 WLUK 384 (HL).
Wang Juan: Reflections on the introduction of injunctions in China [J], Law Review, No. 6, 2009, pp. 73-78.
Xu Chang: China's inappropriateness of introducing an injunction system in foreign-related civil and commercial trials - a perspective on the objectives and effects of injunctions [J], Journal of Nanjing University of Technology (Social Science Edition), No. 3, 2009, pp. 59-63.
Anshan Iron and Steel Group International Economic and Trade Company v. Garlingford Limited, Dalian Maritime Court (2010) Haihai Shangang Chu Zi No. 3
Microsoft Corp. v. Motorola, Inc. 696 F. 3d 872.
E. & J. Gallo Winery v. Andina Licores S.A., 446 F.3d 984, 991 (9th Cir. 2006).
Vringo, Inc. v. ZTE Corp., No. 14-cv-4988 (LAK) 2015 WL 3498634, at * 1 (S. D. N. Y. June 3, 2015) [EB/OL]. [2021-03-22]. https: / /1. next. westlaw. com.
Unwired Planet International Ltd. v. Huawei Technologies (UK) Co., Ltd. [2020] UKSC 37.
Yao Jianjun: The Injunction System in Common Law Countries (Regions) and the Lessons for China [J], People's Justice, 2011, No. 1, pp. 104-108; Ou Fuyong, Yuan Jiangping: The Injunction System in International Patent Litigation [J], Journal of Hunan University (Social Science Edition), 2022, No. 2, pp. 136-146.
Song Xiao: Judicial approach to injunctions in foreign standard-essential patent disputes [J], Jurisprudence, Vol. 11, 2021, pp. 176-192.
Zhang Yurong, Li Jincheng: An empirical study on the factors influencing injunctions in international parallel litigation of standard-essential patents [J], China Science and Technology Forum, Vol. 4, 2022, pp. 168-179.
Supreme People's Court (2019) Supreme Court Zhi Min Final 732, 733, 734 one civil ruling.
Chinese scholars mostly divide injunctions into broad injunctions and narrow injunctions, of which broad injunctions include injunctions, injunctions and anti-injunctions, and the ruling of the Supreme People's Court in the Huawei v. Conversant case on the preservation of conduct, which is a injunction. See Ning Lizhi, Gong Tao: theoretical implications and practical responses to the injunction war [J], Political Law Series, 2021, No. 6, pp. 28-38.
Ou, F. Y., Yuan, J. P.: The injunction system in international patent litigation [J], Journal of Hunan University (Social Science Edition), Vol. 2, 2022, pp. 136-146.
Yao Jianjun: The injunction system in common law countries (regions) and the lessons for China [J], People's Justice, Vol. 1, 2011, pp. 104-108.
Ou, F. Y., Yuan, J. P.: The injunction system in international patent litigation [J], Journal of Hunan University (Social Science Edition), Vol. 2, 2022, pp. 136-146.
Zhao Qianxi: The issue of injunctions in standard-essential patent disputes [J], People's Justice, Vol. 13, No. 2021, pp. 20-25.
Xiaomi Communication Technology Co., Ltd. and others v. Interactive Digital Holdings Co., Wuhan Intermediate People's Court (2020) E01 Zhi Min Chu No. 169 I Civil Ruling.
Song Xiao: Judicial approach to injunctions in foreign standard-essential patent disputes [J], Jurisprudence, Vol. 11, 2021, pp. 176-192.
Samsung Electronics Co. et al. v. Ericsson Corporation, Wuhan Intermediate People's Court, Hubei Province (2020) E01 Zhi Min Chu No. 743 Civil Ruling.
Zhang Xianqiao, Yin Yue: Exploring and Constructing an Injunction System in the Context of International Competition in Intellectual Property Rights [J], Application of Law, Vol. 2021, No. 4, pp. 41-52.
Xiaomi Communication Technology Co., Ltd. and others v. Interactive Digital Holdings Co., Wuhan Intermediate People's Court (2020) E01 Zhi Min Chu No. 169 I Civil Ruling.
Zhu Jianjun: Conflicts between the issuance of standard-essential patent injunctions and anti-injunctions and responses [J], Intellectual Property, Vol. 6, 2021, pp. 14-24.
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