Study Of The Temporary Ban On The System Of Intellectual Property Litigation

In allusion to the existed problems with its application,this thesis aims to detailedly discuss the improvement of the interim injunction in litigation of intellectual property.The first part is for the summary of the interim injunction.Firstly,the article takes a backward look at the origin and the development of the injunction and tries to clarify its definition,functions and characteristics;secondly,the establishment of intellectual property rights means that the interim injunction is confirmed by its original rights;thirdly, by comparing the differences of the civil remedies,the confirmation of interim injunction is clearly defined.The second part is for expatiating the intrinsic value of the interim injunction.In order to keep balance between the the lawsuit justice and benefit value,we should rationalize the interim injunction,which would be further discussed.The third part is for researching and comparing the interim injunction of the civil law system and the Anglo-American legal system.It has mainly analyzed the interim injunction in terms of its classification,application conditions and procedures.It has also introduced the regulations of TRIPS and clarified the lowest requirements of the interim injunction.The fourth part has generally described the legislation of the interim injunction and made comments on its actuality in China.It is suggested that the interim injunction should be regulated in the code of civil law as civil remedies.The fifth part is for the rationalized of the interim injunction.On the aspect of the procedure conditions,the time and subjects of application,the concrete forms and the amounts of guarantee,and the hearing procedure should be clearly defined.On the aspect of the substantial conditions,the investigated standards are the essential conditions for the application of the interim injunction.On the aspect of remedy measures,the appeal is more beneficial to protect the legitimate interests of two parties;the party who has responsibilites on the fault decision of interim injunction should bear his liability;it is a appropriate way for both parties to endow the reconciliation agreement with enforcement efficacy.