Research On The System Of Injunction Of Intellectual Property

injunction system of common law countries is on the equity of a kind of remedy, Its function is to make up for the common law relief of not having prior defense against, or against the consequences of expanding characteristics。 China is currently in the field of intellectual property protection system has been initially established a ban, In the establishment of system of injunction before, The law of our country has the property preservation and execution system, But these two kinds of preservation system has some limitations, The preservation of property only to property, The first execution only in the course of the proceedings implementation。 In reality, For continuous infringement, If before or during the litigation has not been effectively and timely relief, It may be caused by the rights of the legitimate interests of the major loss。 After China joins WTO, In order to meet the" agreement on Trade-Related Aspects of intellectual property"(Trips protocol) requests, On the protection of intellectual property rights has taken a series of measures, One of the most important one is to establish a system of injunction, The establishment of this system, the implementation of open intellectual property rights protection system in China a new chapter For China’s intellectual property rights protection and rapid integration into the world economy trade arena play a decisive role。But any legal system establishment needs the unceasing consummation, In order to better study the intellectual property law system of injunction, the author will be divided into three chapters detailed analysis.First chapter, The meaning of the injunction system, In reality, because of the common law courts in jural remedy, In order to give the full complement of, The court of chancery by special relief evolved out of the modern sense of the injunction。 The ban is a peculiar system in Anglo-American law system, In intellectual property law plays an important role in, By intellectual property law, Introduced the TRIPS agreement, One of the most important content is the establishment of the system of prohibition of intellectual property.The second chapter, On the international and domestic intellectual property Ban Regulations Research, On the international Trips agreement of prohibition of intellectual property system is more fair and perfect, Embodies the legal fair just principle of equity, Has also become a member country of WTO to set the domestic law to ban system model. But our country respectively through the" trademark law"" patent law"" copyright law" elaborated on Prohibition of intellectual property system development.The third chapter, China’s prohibition of intellectual property system is just set up soon, There have been many deficiencies, But in the perfection of this system at the same time, We will always adhere to the active and prudent, Justice, A good balance of social and public interests, Adhere to the principle of equal protection. Establish the correct positioning of the injunction system for relief and auxiliary function. And through practical test to continuously improve...