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Article Title : Research on Judicial Issues of Standard Essential Patent from the Perspective of Innovation
Author(s) : Yining Wang
Corresponding Author : Yining Wang
Keywords : Standard Essential Patents; Innovation; Judicial Relief; System Optimization.

In the current era, technological innovation is conducive to the development of high-tech industries, and standard essential patents provide the necessary technical foundation for industrial innovation and development. However, for the commercial purpose of reducing costs, in transnational Standard-essential patent disputes, the parties often file parallel litigation for the same dispute in the judicial systems of two or more countries, which leads to conflicts of jurisdiction. In judicial activities, due to the lack of clear constituent elements of the FRAND principle, the basis of the court's judgment is ambiguous, which in turn leads to differences in understanding between the parties and intensifies the degree of disputes. At the same time, it is also worth discussing whether or not the license fee rate that is originally a commercial matter should be determined by the court that should abide by judicial restraint through judicial power. In this regard, this article believes that it is necessary to propose optimization suggestions for standard essential patent judicial remedies in judicial practice from three aspects: procedure, content and jurisdictional boundaries.