Published: 3/3/16
Publication: Lexology
With the rapid development and dissemination of technology in the modern world, disputes involving standard essential patents (“SEP”) and patents subject to reasonable and non-discriminatory licensing (“FRAND”) are becoming increasingly prevalent. The interplay and interconnected nature of modern technology poses unique challenges in the balancing of intellectual property rights with the public interest and continued innovation. The availability and applicability of injunctive relief are particularly important questions at this intersection of conflicting interests. Different countries have adopted differing practices on the availability of injunctive relief for holders of SEPs. This article discusses when a holder of an SEP may be eligible for injunctive relief in the US, Germany and China by reviewing relevant legislation, judicial practices and administrative practices and focuses on the potential factors relevant to SEP holders seeking injunctive relief in China.