On The System Of Civil Action

Compared with those systems having been developed for quite a long time in many other nations, our provisional injunction system of intellectual property lawsuit is still at the very beginning stage, having lots of fields to be developed and improved in the future. To do so, we not only need to refer widely to the successful experiences from other nations, but also base it on our local and actual situation. Based on the views of the provisional injunction systems of intellectual property lawsuit of other nations and the considerations of the advantages and disadvantages of our system, the thesis presents the writer’s own thinking and some creative ideas on the system. In the matter of the system legislation mode, the system shall be stipulated in the Civil Lawsuit Law, to improve our remedy system in civil lawsuit and expand the application scope of the provision injunction system. But on the other hand, in consideration of the characteristics of intellectual property tort, the system shall be still preserved in the intellectual property law, a substantial law, to protect effectively the intellectual property. The one-off surety provided by the applicant for provisional injunction shall also be replaced by the changeable surety system. The censor standard of the provisional injunction shall cover the winning possibility of property applicant, the possibility of irreparable damages on the applicant, the interest and rights balance between two sides, and the effects on the social public interest. It is suggested to establish witness hearing and appealing procedures for the remedy of the counterpart.With the above consideration, the thesis, first in Part One, lists the basic theoretical issues of the system, from the view of concepts, characteristics, values and basic principles; in Part Two, introduces in details the basic background of foreign systems, and further researches and analyzes the systems of the nations applying the Common Law System, of those applying the Continental Law System, and the related parts in the TRIPs Agreement, so for our refer; in Part Three, views and analyzes the current legislation status of our provisional injunction system, to be served as the basis of improving it; in Part Four, the last part which is also the most important one, brings out the writer’s consideration of how to improve our provisional injunction system, and the writer’s own opinions on the fields to be improved, so as to provide reasonable suggestions on our legislation system improving process.