Research on China's Response to the Anti-Suit Injunction System in Europe and America

Abstract

In recent years, in international litigation over standard essential patents, courts in various countries, especially those in the UK and the US, have frequently issued anti-suit injunctions, triggering a game between anti-suit injunctions and counter anti-suit injunctions. The absence of an anti-suit injunction system in China not only puts Chinese enterprises in a very passive position in foreign-related civil litigation, especially in foreign-related intellectual property litigation, but also seriously interferes with and threatens China's judicial sovereignty and court jurisdiction. It is necessary for China to establish an anti-suit injunction system to provide necessary countermeasures. It is recommended to refer to the practice of foreign courts, and the issuance standards of anti-suit injunctions should balance flexibility and certainty. At the same time, factors such as the protection of China's public interests, whether the foreign litigation is vexatious or oppressive, and whether the anti-suit injunction can control the respondent should be considered, so as to facilitate judges to carry out case-by-case analysis, increase judges' discretion, and let judges measure various factors in specific cases.