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标准必要专利权利人寻求禁令救济的行为在国际上引发了一系列在竞争法下寻求解决的案件,不少国家的竞争执法机构也对标准必要专利禁令救济行为给予了越来越多的关注。在我国两大竞争执法机构分别起草的《知识产权反垄断执法指南》征求意见稿中,标准必要专利禁令救济问题也成为执法关注的重要对象。由于标准必要专利禁令救济问题是反垄断法、专利法和合同法的交汇点,其反垄断分析必然需要考虑专利法、合同法等因素,因而需要更宽广的视野和更审慎的态度。
The quest for injunctive relief by the standard essential patent owners has sparked a series of international cases that are sought after under the competition law. In many countries, competition law enforcement agencies also pay more and more attention to the bailout of the essential essential patents. In the Draft for Soliciting Opinions on the Guide for Antitrust Enforcement of IPRs drafted by the two major competition law enforcement agencies in our country, the issue of the standard essential patent injunction relief has also become an important target of law enforcement concern. As the standard essential patent injunction relief is the meeting point of antitrust law, patent law and contract law, antitrust analysis will inevitably need to consider the patent law, contract law and other factors, which requires a broader perspective and a more cautious attitude.