Elgar Intellectual Property and Global Development series
Edited by Nari Lee, Niklas Bruun and Mingde Li
Chapter 13: A comparative study on the relationship between injunctions and FRAND statements in China and the EU
In recent years, intense discussions concerning legal disputes involving standard essential patents (SEP) have arisen. There is a lot of debate around the circumstances that a SEP holder should be permitted to seek injunctive relief. How to deal with issues relating to injunctive relief and SEPs is not only a problem that affects the bargaining power of parties in FRAND licensing negotiations, but it also impacts market competition and industry development. Ultimately this issue has attracted significant attention from Chinese and European courts and competition authorities. In light of this situation, this chapter provides an initial introduction to the debates surrounding injunctive relief and FRAND commitments. Subsequently, this chapter provides an analysis of several leading cases in China and the EU, which highlight the various approaches that the respective courts and competition authorities have taken on these matters. In closing, this chapter will present recommendations for solutions to deal with the challenges of injunctive relief for SEPs.
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