Research On Mechanism For The Balance Of Interests Of Temporary Injunction In Patent Infringement

A mechanism for the balance of interests of temporary injunction in patent infringement is a legal system to adjust the legitimate interests between patentee and infringer, and legitimate interests between patentee and public, which is based on the balance of interests, the value of temporary injunction and the distribution of rights and obligations. The balance of interests is the cornerstone of building a mechanism for the balance of interests, which is the basic principle to coordinate conflict interests in legal relationship. The distribution of rights and obligations is the most effective way to build a mechanism for the balance of interests. Temporary injunction has become an important means to protect patent, which is based on its fast relief and effectiveness. Although the injunction system is still at the first stage in our country, this system is already being abused in practice, which makes the result on the application of temporary injunction deviating from the original system, which is to stop made or issued patent infringement, to protect the legitimate interests of patentee,infringer and public. Therefore, building a mechanism for the balance of interests to define the interests which are needed to be balanced to balance the interests between patentee, infringer and public in temporary injunction by using the principle of balancing of interests. It is the best way to perfect the mechanism for the balance of interests of temporary injunction through legislative route. Firstly, we should perfect the design of elements standards of the review in injunction, including "the possibility of infringement", "irreparable damage", " the balance of difficult" and "public interest". Secondly, we should complete the design of balance in the right of action, including the introduction of hearing procedures to give the rights and opportunities to infringer, starting point and exceptions of "48 hours", forms and amounts of guarantees. Thirdly, we should improve the design of protection in legal remedies, including the subject styles results of review process in injunction, alteration and relieve mechanism in injunction, and Compensatory damages and punitive damages damages for parallel mechanismsthe damages of error application of injunction.