The Rational Application Of The Preliminary Injunction In The Field Of Intellectual Property Rights In China

Preliminary injunction in the civil procedure is a widely used systematic subroutine for interim relief in civil procedure. Preliminary injunction system aims at keeping"status quo"before or during a hearing to prevent irreparable harms to the plaintiff.There is no unified preliminary injunction system in China's Procedure Law.Along with the developing of the society,the complexity of cases increased dramatically.Property preservation and advance implement,the complexity of cases increased dramatically. Property preservation and advance implement,the tow systems of temporary relief in China's Civil Procedure Law,appeared their insufficiency in temporary relief for civil rights.In my opinion,it is imperative for our country to set up a sound system of preliminary injunction in our Civil Procedure Law.The text of this dissertation is divided into five parts except the foreword and the epilogue.The first part is an introduction to preliminary injunction,which described on the concept of preliminary injunction ,historical process, the theoretical basis - the value of the equilibrium theory and value.The second part is a comparative analysis on the preliminary injuction system of several western countries. The third part has generally described the legislation of the preliminary injunction and made comments on its actuality in China. The fourht part analysis our Inadequate of preliminary injuction compared to other countries.The fifth part is for the rationalized of the preliminary injuction.We should learn the essence of other state laws, improve preliminary injuction on China's intellectual property rights theory and operational deficiencies. It is suggested that the preliminary injunction should be regulated in the code of civil law as civil remedies.