Research On Suspending Infringement Before Litigation

Preservation proceeding is the bond connected the trial and execution proceedings, occupies an important position in civil lawsuit. Whether the Preservation proceeding as "temporary detain"and" einstwelivergung" in continental law system or"interlocutory"in common law system is very prefect, while the theoretical research in these nations is spectacular. The first Chapterâ…¨of China's "Civil Procedure Law" provides for a "property preservation and pre-execution", but it's too brief, and with many loopholes. In many scholars'eyes, the civil preservation is not that important. While it doesn't receive due attention, you can say that this is our weak point in our civil litigation research.After China's accession to WTO, in order to protect the legitimate interests of intellectual property rights would not have been irreparable damage, and fulfill the requirements of TRIPS rules, the "Patent Law", "Copyright Law" and "Trademark Law" revised in 2000 and 2001, provided creatively the rules of suspending infringement before litigation. This rule provided one more way to intellectual property protection and improved our standard of intellectual property judicial protection, and basically met the standards of protection settled in TRIPS Article 44 and Article 50 bans "provisional measures".However, the innovation of intellectual property fields also brings many problems to the Civil Procedure Law of China. The first is harmonization issues between intellectual property law and Civil Procedure Law, namely how to fit the suspending infringement before litigation into the Civil Procedure Law system? Followed by the scope issues, include the possibility of appeal suspending applies to all continuing infringement, and the administrative authorities and arbitral bodies can apply for based on this rules.This paper reviews the existing law on the suspending infringement before litigation, points out the defection of our current law system and compares the suspending infringement before litigation with the preservation of property, preservation of behavior and pre-execution. and scholars'attitude to revise the Civil Procedure law on suspending infringement before litigation, and their own proposals of how to design the perfect system for the preservation of Civil Procedure law.