The Implementation Status and Practical Difficulties of Anti-suit Injunction in China

As a form of relief, anti-suit injunction originated in the UK. With the development of China's economy and technology, international economic exchanges have become more extensive and frequent. The contradiction between licensing negotiations involving FRAND licensing rates and market expansion has also become increasingly intensified. The difficulty of standard essential patent licensing negotiations and the number of international parallel lawsuits involved have increased sharply, and the friction and conflict of interests between economic entities have also increased accordingly. Therefore, anti-suit injunctions have become a hot topic of concern in China's judicial practice and theoretical circles in recent years. This article first makes a basic explanation of the basic meaning and historical origins of anti-suit injunctions, and takes the reasons and impacts of the frequent application of anti-suit injunctions in today's international community as the starting point to understand the current status of the application of anti-suit injunctions in China. It then further sorts out the domestic intellectual property behaviour preservation system and the typical cases of foreign-related standard essential patents in which anti-suit injunctions have been issued recently, and leads to the practical difficulties faced by China in the current application of anti-suit injunctions. Based on this, measures to alleviate the current practical difficulties are analyzed: improving the legal basis, clarifying the review factors, and promoting China's international cooperation and coordination in anti-suit injunction relief.