Trade Secret Infringement Complaint Before The Study Injunction

Preliminary injunction is an order made by the court to demand the parties to do ornot to do specific act before the lawsuit, and it is a system in field of procedural law.Preliminary injunction can prevent and restrain the infringement acts. Trade secret has itsown particular character as confidentiality and value, and suffers infringement easily. Sothe Trade Secret Preliminary injunction plays an important role in the fields of trade secret.In order to protect the legal property of the trade secret’s owner in China, this paper tries togive some suggestions building our own country’s trade secret preliminary relief system,by analyzing the trade secret preliminary relief system in other countries.The thesis includes three parts: the preface, main text body, and epilogue. There arefive chapters in the main text body. They are as follows:The first chapter investigates the conception, the traits and the values of thepreliminary injunction in the fields of trade secret, and compares the preliminary injunctionwith civil preservation in China’s civil procedural law. Firstly, this chapter reviews thehistorical backgrounds of the formation of the injunction and the development of theinjunction on trade secrets. Secondly, it analyzes the conception, the traits and the uniquevalues of the preliminary injunction on trade secret. Lastly, by comparing the preliminaryinjunction with property preservation, advance execution and suspending infringement actin the general provisions of the civil law, this chapter analyzes the characteristic ofpreliminary injunction.The second chapter gives a general description on the preliminary system in somemajor countries abroad and in China. First of all, it introduces the preliminary system inUSA, UK, Germany and Japan. Moreover, it introduces the provisional measure in TRIPS,and points out that it is a great progress in the international protection on the intellectualproperty rights. Lastly, this chapter introduces the preliminary injunction in the Patent Law,the Trademark Law, the Copyright Law and judicial interpretation in China, and thenanalyzes the necessity of bring in the preliminary injunction in the fields of trade secret.The third chapter gives more specific description of the four substantial standards forapplying the preliminary injunction.The fourth chapter introduces the relating problems in guaranty system, for example,the amount, modes of guaranty and counter guarantee.The fifth chapter analyzes the relation and contradiction of preliminary injunction andprocedural justice. In addition, this chapter gives some suggestions on resolving theircontradiction, establishing the procedure of hearing of witnesses and reconsider.