The Protection System Of Intellectual Property Litigation

There are mainly two provisional measures of redress in our civil procedure system that is widely applied, which are Property preservation and Behavior preservation. Property preservation can be adopted before the litigation but the redress is only for properties. Preservation of the system as a relief to make up for the lag of the effective action procedure of great value and significance, its "status quo" function can not be substituted for the other programs. But Behavior preservation does not provide for our security system, when necessary, perform maintenance of property preservation and advance the interests of the parties; this is far off the bench measures meet the growing demand for action. 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. The early 21 st century, to fulfill WTO obligations, to adapt to "the Agreement on Trade-Related Intellectual Property Rights" requirements, China for the "Patent Law, ""Trademark Law","Copyright Law " and relevant judicial interpretation of a series of amendments that Practitioners move caused widespread concern with the theoretical circle of intellectual property rights of people, to stop the violations are taking place later than the compensation for the infringement of relief is more important.After nearly 10 years of applicable perfection, this paper will make detailed analysis of the behavior preservation system in the intellectual property litigation. In the first part, there is the summary of behavior preservation, including the concept, nature of behavior preservation and historical development, and combined with the specific characteristics of intellectual property rights cases, summarize the characteristics of behavior preservation. Based on the first part, using the approach of comparative analysis, introduce behavior preservation system in the Anglo-American law system and the continental law system, especially the impact of temporary measures in the TRIPS agreement to our country's legislation. In the third part, enumerate the behavior preservation system status quo in the intellectual property law system. First analysis the background and necessity of establishing behavior preservation system in the field of intellectual property, paving for the legislation evolution in China. Through comparing the difference among the behavior preservation system, the property preservation system and preliminary execution system, explaining the importance of establishing the behavior preservation system in the intellectual property litigation.In the last part, combining the working experience, the author gives the reasonable suggestions of the application of the behavior preservation, in order to perfect the behavior preservation system in our country's intellectual property rights law, even in the entire civil lawsuit system, providing perfect system security for the litigants'rights protection.