On China's Civil Relief System Preceding The Litigation Of Patent Infringement

Along with the development of the economy, we have more opportunities to attend international competitions and join the international markets, but we can't avoid patent right protection problems either. In international and local market many persons make use of the faultiness of patent law and relative system to acquire a huge sum of illegal benefits repeatedly. They make the real patent person subjected to hard damage. Some win in lawsuit but the ratio of the litigation cost and performance can't balance. The fulfillment of litigation lets us know that if we caught relieve effectively before lawsuit we will lower the loss because of the patent infringement. However the premise of the valid usage doesn't have a definition of relief system before litigation. It mainly announced on relevant judicatory explain on June 7th in 2001 and"The People's Republic of China Code of Civil Procedures", article 50 of the TRIPS agreement in addition. Accurately speaking, relief system before litigation isn't the concept that our country has drawn up a method. Therefore the civil relief system before litigation of patent infringement demands to be carried on in patent infringement perfectly. This text considers the theories of the civil relief system before litigation of patent infringement as departure, emphasizes to analyze the current system's existent blemishes, put forward suggestions to further perfect it.Chapter One The Summarization of the Civil Relief System before Litigation of Patent Infringement in Our CountryThe civil relief system before litigation of patent infringement is a definition without norm in our country's current law. It means right person applies for the civil relief system before indictment because of the urgency. It depends on the law provision claiming and the relief given by the court. The urgent situation means the person knows the behavior that the others have carried out or it will soon be carried out to infringe upon his right. It will make the legal right subjected to the situation of the damage. Altogether, the civil relief system before litigation of patent infringement has three parts. The...