涉外标准必要专利纠纷禁诉令冲突问题研究及应对

Research on the Conflicts of Anti-Suit Injunctions in Foreign-Related Standard-Essential Patent Disputes and Countermeasures

摘要: 近年来，标准必要专利纠纷领域国际平行诉讼频发，各国为缓解因平行诉讼而导致的管辖权冲突问题，开始通过颁布禁诉令的方式以阻止他国法院行使同一案件的管辖权，全球范围内随即掀起了一场禁诉令与反禁诉令间的对抗赛。禁诉令冲突问题的出现，不仅无法缓解司法管辖权间的冲突，反而降低了纠纷解决的司法效率。标准必要专利纠纷解决的最终目标是促使当事人就FRAND许可问题进行有效地和解谈判，而司法效率的降低无疑拖延了双方进行许可谈判的时间，其中疲于应诉的无线通讯行业巨头迫于无奈无法专注于技术创新，最终让通讯技术标准的全球化普及沦为空谈。面对日新月异的国际通讯行业，如何理性看待禁诉令的冲突问题，并考虑从国际和我国两个层面予以应对解决，对全球无线通讯领域的发展至关重要。

Abstract: In recent years, international parallel litigation in the field of Standard-Essential Patent disputes has occurred frequently. In order to alleviate the conflicts between jurisdictions caused by parallel litigation, countries start to prevent the courts of other countries from exercising the jurisdiction of the same case by issuing Anti-Suit Injunctions, and a confrontation between Anti-Suit Injunctions and Anti-Anti-Suit Injunctions is immediately launched worldwide. The emergence of the conflicts of Anti-Suit Injunctions cannot alleviate the conflicts between jurisdictions, but reduce the judicial efficiency of disputes resolutions. The goal of Standard-Essential Patent disputes resolutions is to help the parties to conduct effective FRAND li-censing negotiation, but the reduction of judicial efficiency undoubtedly delays the time for both parties to negotiate. After that, the wireless communication industry giants who are tired of re-sponding to the lawsuits are unable to focus on technological innovation, finally making the global popularization of communication technology standards become an empty talk. In the face of the rapidly changing international communication industry, how to rationally treat the conflicts of An-ti-Suit Injunctions and consider solving it from both international and domestic levels is of great importance to the future development of wireless communication in the world.