Sword of Damocles? Assessing the anti-suit injunction of standard essential patents in China

Sword of Damocles? Assessing the anti-suit injunction of standard essential patents in China

Journal article

1 online resource (pp. 80–100)

2045-9807 (Print)
2045-9815 (Online)

During a dispute as to standard essential patents (SEPs), a litigant may apply for an anti-suit injunction to bar parallel lawsuits in foreign jurisdictions. China’s Supreme People’s Court granted an anti-suit injunction in Huawei v Conversant for the first time, which defined the existing legal practices in China together with some lower courts’ decisions. From the viewpoint of comparative law, both common law and civil law jurisdictions may issue anti-suit injunctions, although there are noticeable differences in analysing the anti-suit injunctions in various jurisdictions. By reviewing comparative experience, this paper suggests that it is essential to promote international coordination among main jurisdictions over SEP disputes. Before the establishment of international cooperation, China has the authority to grant anti-suit injunctions of SEPs. At the same time, it is suggested that China consider providing clarification on the grant of an anti-suit injunction as a possible legal remedy in specific cases and explore the possibility of implementing a more clear-up test for the analysis of anti-suit injunctions. In this regard, China can build up a stable expectation for both domestic and foreign innovation-driven companies.

Queen Mary Journal of Intellectual Property ; Volume 15, Issue 1

[Northampton, England] : Edward Elgar Publishing Ltd., 2025.

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