Research On Temporary Injunction System In Patent Law

After becoming a member of World Trade Organization,the provisional measure or temporary injunction system was established before to satisfy the requirements of the agreement on Patent-Related aspects of intellectual property rights.We have taken a series of measures to give judicial protection to patent rights among which Injunction System is the most important one.However,there are some problems of the Injunction System in judicial practice.And in order to make patent rights under sufficient protection,it has great theoretical and practical significance to perfect our system of injunction.Although the injunction system is still at the first stage in our country,this system is already being abused in practice.This paper focuses on the abuse of temporary injunction and analyses the history and development of injunction system.This paper is intended to introduce and compare the temporary injunction systems in patent litigation in the United States and China and applicable provisions of TRIPs so as to find out corresponding legal problems in our system.Therefore,this article wants to perfect our temporary injunction system from the point of constraining the abuse of temporary injunction.The article includes three parts:the preface,main text body,and epilogue.There are four chapters in the main text body.Chapter 1 examines the origin,character and the goal of temporary injunction system.The second chapter discusses the definition,the existence foundation and standards for the judgement of abusing action.The injunction abusing action exists in practice,which makes it important to perfect our temporary injunction system.Chapter 3 analyses temporary injunction systems in patent litigation in the United States and in China.The level of intellectual property protection is very high in the United States,so there are rich experiences both in legislation and in judicial practice.In addition,this chapter points out some defects in patent law in China.Chapter 4 puts forward to some legislative proposals to reform the judicial interpretation on temporary injunction in patent law.This chapter includes some suggestions about how to limit the abuse of temporary injunction system.