Research On The Preliminary Injunction System In International Intellectual Property Protection

Within the International intellectual property protection system, Preliminary Injunction has its unique value and is irreplaceable.Preliminary Injunction means the court forces the infringers to stop ongoing infringement or events that are about to happen upon obligee's request before or during infringement litigation. Therefore,the obligee's rights can be protected.The implementing of Preliminary Injunction can prevent irreparable lost caused by expected or repeated infringement.In order to provide relief measures of infringement for obligee,Trade-related Aspects of Intellectual Property Rights(TRIPS Agreement) explicitly specified:it is demanded that judicial organs perform in accordance with obligee's requirement. Preliminary Injunction is an important rights relief measurement to protect obligee,and is of great value to property protection.However,Preliminary Injunction is a double-edged sword.If misused,it will bring great damage.But the TRIPS Agreement is not perfect.It still has some blanks in system,which needs further development and perfection.Thus,there is necessity to research on Preliminary Injunction in international intellectual property protection.This thesis introduces the Preliminary Injunction and its definition,historical development,and the principles of regulation,implementing and application in TRIPS Agreement.The blanks and perfection measurements about Preliminary Injunction is pointed out,followed by introduction of Chinese intellectual property protection Preliminary Injunction,its deficits and improving measures.This thesis is constituted of four parts.The first part is general introduction to international intellectual property Preliminary Injunction:its definition,historical revolution,regulation and its meaning.The second part introduces the specific regulation of TRIPS Agreement on Preliminary Injunctions.The third part describes how to apply the injunction,including the applicable prerequisite,principles,blanks and perfection measures.The last part explains the deficits in Chinese intellectual property and how to improve.Through this research,the author has deeper understanding on Preliminary Injunction in intellectual IP and hope make some contribution in this field.