International Dispute Over ASI of Standard Essential Patents ('Jin-Su-Ling”禁诉令) —Background and Implications for the Future of Multiple ASIs in China—

Abstract

The essence of standard-essential patent (SEP) disputes boils down to how to distribute the new value created by SEPs in the newly emerging business ecosystem in various fields. To resolve this difficult issue, which oscillates between right holders and implementers, R&D incentives and market expansion, various attempts have been made by standard-setting organizations (SSOs), judicial authorities, competition authorities, arbitration bodies, and administrative bodies around the world to find a resolution mechanism. The number of lawsuits over SEPs in various countries has increased year by year, and efforts have been made to find a solution in the process.

Keywords: ASI, SEP, Standard Essential Patents, China