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Perfect System Of China's Intellectual Property Rights Ban

Posted on:2006-10-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y F MaFull Text:PDF
GTID:2206360182990041Subject:Economic Law
Abstract/Summary:PDF Full Text Request
There are mainly two provisional measures of redress in our civil procedure system that are widely applied, which are Property preservation and Preliminary execution. Property preservation can be adopted before the litigation but the redress is only for properties. Although Preliminary execution can act on conducts, yet it can only be applied during the litigation process. Thus, in tort cases, especially in those complicated and long-term intellectual asset cases, it is very easy to leave vacancy where law cannot regulate if an obligee gets no timely and effective provisional redress for a certain lasting tort, which will induce damage to legal rights and interests without remediation.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,paying extra attention to civil procedure redress on theoretical research and judicial practice. It is more important for an intellectual asset holder to refrain a happening tort than to crack down on one already happened. Sometimes the damage to a victim's market share and business credit standing caused by a tortfeasor cannot be compensated by money. In order to refrain timely and effectively a tort which is about to or is implementing, our country, after becoming a member of World Trade Organization, has taken a series of measure to give judicial protect to intellectual assets among which Injunction System is the most important one. The instauration and implement of this system can be taken as an important landmark in the history of our protecting to intellectual asset. It has great significance for our country to increase protection to intellectual assets and adapt itself to new requirements of protecting intellectual assets. Yet the implement of any legal system has to be...
Keywords/Search Tags:injunction, intellectual asset, provisional address
PDF Full Text Request
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