標準必要專利之戰爭——禁制令行不行？

The Wars of the Standard Essential Patents — Injunction or No Injunction Is a Question

Whether the injunction is granted influences the bargaining power of standard essential patent owner and the potential licensee. However, it is doubtable whether the standard essential patent (SEP) holders’ FRAND (Reasonable and Non-Discriminatory) license commitments limits SEP holders’ rights to exclude or prevent from the patent infringement (e.g. to file the application for the injunction) and it has become the focus of the global attention. This Article firstly researches on the relevant cases happening in the United States, German, and Japan to analyze the methods taken to solve this issue from the view of the comparative laws. Further this Article explores how to balance the need of the potential licensees to use the standard essential patents and the appropriate compensation of the invention rewarded to the standard essential patent owner.