This doctrinal analysis examines forum competition in standard-essential patent and FRAND disputes. Territorial patent rights allow both patentees and implementers to select favorable courts for rates, injunctions and licensing conduct. It revisits Huawei v ZTE, compares anti-suit and related injunctions across major jurisdictions and discusses the WTO China intellectual-property enforcement dispute, ultimately advocating transparency, judicial restraint and comity.
Key findings
- Global FRAND commitments collide with territorial patent rights. • Layered anti-suit injunctions intensify cross-border conflict. • The article recommends transparency, restraint and judicial comity.
Why this matters globally
The analysis matters for global technology standards because jurisdictional uncertainty affects royalties, competition and implementation across supply chains.
Thai researcher contribution
The bibliographic record links the author to a Thai institution, bringing global SEP/FRAND governance into a Thai-associated research record; the full affiliation should be checked.
Limitations to consider
This is doctrinal rather than statistical research, and the rapidly changing case law requires readers to check the latest decisions and rules.