Intellectual property system gives rise to international concern in the context of development and protection of the marine biological genetic resources beyond the national jurisdiction. The core argument is whether c...Intellectual property system gives rise to international concern in the context of development and protection of the marine biological genetic resources beyond the national jurisdiction. The core argument is whether can be current international intellectual property system plays an active role for balancing the respective benefits to make sure resolve this special area issue. The Agreement On Trade-related Aspects of Intellectual Property Right （TRIPS Agreement） provides basic requirements to international intellectual property application. This paper is intended to examine the feasibility of TR1PS clauses in the above context and then some suggestions are put forth.展开更多
In this article,two cases of Standard Essential Patents,ruled by the Supreme People's Court of the People's Republic of China,are presented and analyzed.The first Chinese anti-suit injunction in SEP litigation...In this article,two cases of Standard Essential Patents,ruled by the Supreme People's Court of the People's Republic of China,are presented and analyzed.The first Chinese anti-suit injunction in SEP litigation appeared in the first case through the method of behavior preservation,and the second case illustrates a clear intent by the Chinese courts to compete for global royalty rate jurisdiction.With international concerns raised about these cases,it is proved that the anti-suit injunction cases in China do not show any abusive or illegal conduct.The worldwide anti-suit injunctions in China are granted legitimately with legal jurisdiction over the cases,sufficient legal grounds for behavior preservation with the nature of anti-suit injunctions,the necessity of granting worldwide injunctions,and suitable granting standards.Several pieces of advice are proposed for the future application of anti-suit injunctions,including improvements in the predictability of validity scope,consistency of implementation,and clarification of penalties.展开更多
文摘Intellectual property system gives rise to international concern in the context of development and protection of the marine biological genetic resources beyond the national jurisdiction. The core argument is whether can be current international intellectual property system plays an active role for balancing the respective benefits to make sure resolve this special area issue. The Agreement On Trade-related Aspects of Intellectual Property Right （TRIPS Agreement） provides basic requirements to international intellectual property application. This paper is intended to examine the feasibility of TR1PS clauses in the above context and then some suggestions are put forth.
基金supported by 2022 Key Project of Hunan Provincial Department of Education Scientific Research:"Conflicts and Resolution between Anti-Suit Injunctions and Anti-Anti-Suit Injunctions in International SEPs"(22A0079)。
文摘In this article,two cases of Standard Essential Patents,ruled by the Supreme People's Court of the People's Republic of China,are presented and analyzed.The first Chinese anti-suit injunction in SEP litigation appeared in the first case through the method of behavior preservation,and the second case illustrates a clear intent by the Chinese courts to compete for global royalty rate jurisdiction.With international concerns raised about these cases,it is proved that the anti-suit injunction cases in China do not show any abusive or illegal conduct.The worldwide anti-suit injunctions in China are granted legitimately with legal jurisdiction over the cases,sufficient legal grounds for behavior preservation with the nature of anti-suit injunctions,the necessity of granting worldwide injunctions,and suitable granting standards.Several pieces of advice are proposed for the future application of anti-suit injunctions,including improvements in the predictability of validity scope,consistency of implementation,and clarification of penalties.
