@article{50160,
      author = {Svetlicinii, Alexandr,},
      url = {http://tind.wipo.int/record/50160},
      title = {The anti-suit injunctions in patent litigation in China:  what role for judicial self-restraint?},
      abstract = {Starting from 2020, the Chinese courts have actively  participated in the jurisdictional battles for the standard  essential patent (SEP) disputes, a pivotal development  marked by the Supreme People’s Court’s inaugural  SEP-related anti-suit injunction (ASI) in Huawei v  Conversant. Subsequently, lower courts in China have  emulated this approach by issuing ASIs targeting SEPs in  the domain of information and communication technology.   The present study highlights the features of the Chinese  ‘act preservation measures’ by comparing them with the  typical ASIs originally developed in the common law  jurisdictions. This comparison reveals significant  divergence in the factors considered by Chinese courts  issuing ASIs, particularly in the context of cross-border  patent litigation. The study aims at elucidating potential  defenses that the respondents in SEP litigation may employ  to contest the issuance of ASIs in Chinese judicial  proceedings, with particular attention accorded to the  principles of comity and public interest.  The article  concludes that the invocation of international comity and  public interest in SEP litigation will encounter a  formalistic assessment by the Chinese judiciary due to  potential conflicts with statutory provisions and the lack  of a more context-specific analysis. As a result, in the  absence of supra-national mechanisms that would address the  problem of parallel litigation, there appears to be little  room for judicial self-restraint.},
      doi = {https://doi.org/10.1093/jiplp/jpae049},
      recid = {50160},
      pages = {1 online resource (pages 734–742)},
}