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From ‘Anti-Suit Injunction’ to ‘Anti-Anti-Suit Injunction’, Where would this Journey End? Part -II

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Title From ‘Anti-Suit Injunction’ to ‘Anti-Anti-Suit Injunction’, Where would this Journey End? Part -II
 
Creator Siwal, Ashwini
Prashant
 
Subject SEPs
Anti-Suit Injunctions
Anti-Anti-Suit Injunctions
Comity
FRANDS
 
Description 143-150
While courts have traditionally been mindful of the territorial nature of patent rights and thus reluctant to exceed the
scope of their jurisdiction, this second installment of the yearlong series, inter alia will try to examine certain global
scenarios and conditions that courts consider while granting ASI and A2SI and their application in disputes concerning
SEPs, further certain measures would be suggested which the authors think might come handy to stop this global race for
jurisdiction and how inculcating the same in practice would give the due respect to the national courts of concerned
jurisdiction along with incentivizing the parties to focus on key concern issues behind every SEP dispute i.e. the suitable
FRAND licensing terms. The present research will also try to convince that such ‘Anti-Anti-Anti-Anti……….Suits
Injunction’ saga benefits none, as the same incentivizes a global race to find a court in favorable jurisdiction rather than
focusing over the Licensing Negotiations.
 
Date 2023-05-15T06:18:40Z
2023-05-15T06:18:40Z
2023-05
 
Type Article
 
Identifier 0975-1076 (Online); 0971-7544 (Print)
http://nopr.niscpr.res.in/handle/123456789/61910
https://doi.org/10.56042/jipr.v28i2.1219
 
Language en
 
Publisher NIScPR-CSIR,India
 
Source JIPR Vol.28(2) [March 2023]