Study On Intellectual Property Litigation

Great changes have happed in China since the beginning of 21st century. The integrative competitive power of China is increasing by the drive of high technology. But as a lot of intellectual products flood in our life combined with high technology, there are no intellectual property rights. Although there is substantive law concerning intellectual property rights, there is no effective adjective law which could match the substantive law.The initial starting of legislation concerning intellectual property rights in China is late, so it reaches to a higher level, but the status quo of procedure law of intellectual property rights is not bright. There is almost no special provision except some basic provisions like injunction, property saving in the Law of Civil Procedure. The deletion of legislation and the hole of procedure make us feel weak in solving lawsuit of intellectual property rights, especial in recent international dispute concerning intellectual property rights. Therefore, it is imperative to make procedural law of intellectual property rights.In this paper different law modes in several typical western countries are compared and evaluated from the status quo of legislation concerning intellectual property rights by empirical study and comparative study. The author tries to find out the protective mode which is suitable for the situation of China on the basis of analyzing the current protective mode and limitation in China and brings forward the author's own assumption.