A Study On The System Of Prohibition On Intellectual Property In China

Injunction, in contrary to execution which is regard as an afterward remedy, is a significant and unique means of remedy, featured by its preventative function and punctuality.Prior to 2000, in the pursuit of China’s WTO Accession Commitments, injunction, for the very first time, was introduced into China by The ninth session of the standing committee of the National People’s Congress in the Second Amendments of Intellectual Property Law. However, It is more often than not that to stop the ongoing wrong-doing by virtue of preventative remedies could be more helpful than the afterwards remedies would be for the injured party because the intellectual property is intangible and only valid in the prescribed time. Therefore, the complete and perfection of injunction would not only be an advance in civil litigation relief system, but also benefit the intellectual property protection in China. On the basis of the basic ideas of injunction, focusing on the difficulties for China and absorbing overseas experiences, the author advances framework of establishing injunction of intellectual property in China, hoping to offer great ideas to lawmaking and judiciary practices. Apart from introduction and conclusion, this article consists of the following four parts.The first part mainly demonstrates the basic concepts of injunctions and its academic and practical classifications.Then, in the light of controversies among academics, the features of injunctions are mapped. This article also classifies the values of injunction, and compares it with two common civil protection systems.Then the second part focuses on the foreign injunction systems form both the civil law countries(like Germany, Japan and France) and the common law countries such as England and America.The third part briefs the characteristics of injunctions in our country by studying the current legal system and from that outlines the problems in our system from the perspectives of theory, regulations and practices.In the fourth part, after the summarize of the significant role the injunctions plays in our intellectual law, combined with the problems discussed above, the detailed thoughts of how to construct and perfect our intellectual law system have been presented from below aspects: clear regulations, enlarged application, settled procedures and superb remedies.