Temporary Ban Of The International Intellectual Property System

It is becoming more and more important to restrain tort action and protect the interest of obligee with the increasing cases of tort on international intellectual property field. TRIPS agreement and many countries stipulate for injunction. Injunction is an order made by the court to demand the parties to do or no to do specific act. As an adequate remedy at law, interlocutory injunction is peculiar system in Anglo-American law system. It has long history and wide-ranging application .For a long time, there were two kinds of provisional remedial measures in our code of civil law, which were property preservation and advance execution, there was no system of provisional injunction, and this was a big pity for our legislative framework of civil action. Drawing into interlocutory injunction is in the historical period of China being about to join WTO. It not only provides stronger protection for the interest in owner of intellectual property right, but also first brings rules of procedure into substantive rules. This is a profitable try on combining procedural law with substantive law. So there were some fundamental regulations in new exclusive law and subsequently in new copyright law.On June 5, 2001m the supreme people court passed some statures of how to apply clauses to stopping the infringed behave of patent right before lawsuit, which endued those abstract and fundamental items with maneuverability and practicability. On the followed day of December 25, 2001, aiming at the 57th clauses of amendatory brand law, the supreme people court made an explanation of how to apply clauses to stopping the infringed behave of the special right of registered trade mark before lawsuit and how to save evidence from damage, which ordained before the litigation of intellectual property, or during the people courts was hearing the cases, the owners of trademark or the relative individuals might bring forward requisition to stop the behave of infringements and might save evidence from damage, In fact, these regulations perfected the legislation of intellectual property further, and for the owners of intellectual property it...