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Temporary Injunction In Patent Infringement Litigation In China

Posted on:2010-01-12Degree:MasterType:Thesis
Country:ChinaCandidate:C C WenFull Text:PDF
GTID:2166360275954446Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
It's mainly provisional measures of redress that preliminary temporary injunction in patent Infringement.After becoming a member of World Trade Organization,China has taken a series of measure to protect intellectual assets to meet the requirement in TRIPS.Because the Injunction is a new-born thing which provides stronger protection for the interest in owner of intellectual right at a begin stage.This article's expounds the Injunction to carry on introduction to patent infringement in all countries. Emphasized a critique to there is representative in the world the temporary measures and clarify it to build up a sound temporary measures to our country.The implement of temporary injunction legal system has to be explored continuously in practice to make for maturity and perfect in our country.In allusion to the existent problem of contemporary law,this article is aimed to discuss the improvement of the injunction in the Chinese legal system.The first part elaborated the injunction theory background as well as reviewed the injunction of theory historical origin.The second part is introduced the preliminary temporary injunction in our china and pointed out the injunction of our country.The third part is introduced the temporary injunction of the England and the United States.The fourth part is the article pointed out the problem about preliminary temporary injunction of patent infringement.According to the principle of consideration the finally part is the author's consideration to perfect our system of preliminary temporary injunction.It has great theoretical and practical significance to discuss how to construct and consummate our preliminary temporary injunction system.As concerns the preliminary temporary injunction of patent infringement,the author will use a comparative analysis and empirical analysis to compare it with temporary injunction from other countries in identity and difference.The article purposed to bring forward rationalization proposals to perfect pre-litigation temporary injunction of patent infringement...
Keywords/Search Tags:Injunction, consideration, preliminary of patent infringement
PDF Full Text Request
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