| 英文摘要 |
In recent years, in the international litigation of standard essential patents, the courts of various countries, especially the courts of the United Kingdom and the United States, have frequently issued anti-suit injunctions, which has triggered a game between anti-suit injunctions and counter-anti-suit injunctions. The lack of anti-suit system in China not only makes Chinese enterprises very passive in foreign-related civil litigation, especially in foreign-related intellectual property litigation, but also seriously interferes with and threatens China’s judicial sovereignty and court jurisdiction. It is imperative for China to establish anti-suit injunction system to give necessary countermeasures. It is recommended to refer to the practice of foreign courts. The standards for issuing anti-suit injunctions should balance both flexibility and certainty, give consideration to the principle of autonomy of will, the principle of closest connection, as well as the principle of international comity. Besides, the factors such as the protection of public interest of China, whether the foreign litigation is vexatious or oppressive, whether anti-suit injunction can control the respondent etc. shall also be taken into account. On the basis of general principles, it is suggested to clearly enumerate the specific types of cases, supplemented by miscellaneous provisions in order to avoid the rigidity of the doctrine of forum non conveniens, so that judges have more discretion and are allowed to weigh various factors in individual cases, such as whether it is the same subject matter of litigation, whether the parties have abused litigation procedures, whether it is vexatious or oppressive litigation, whether there is alack of fairness, as well as the balance between autonomy of will and international comity. |
