The Appliance Of Preliminary Temporary Injunction Of Patent Infringement

There is some special nature in patent, which always leads to involve some complicatedtechnical matters in patent infringement case, the preliminary temporary injunction of patentinfringement is the most representative among the provisional measures of stopping theinfringement of the patent. The preliminary temporary injunction of patent infringement hasbecome mature day by day in England and the United State, in which countries the courtshave accumulated abundant practical experience and researched some classical cases deeplyabout the standards of granting injunctions, the guarantee of injunctions, the hearingprocedure and the removing of the injunction. Because the injunction is a new-born thing, ithas not only a lot of legal problems to clarify and perfect, but needs lots of practical judicialexperience. People will have deeply comprehended about the application of injunction bymeans of accumulation of judicial experience of injunction case and mature theoreticalresearch of foreign countries, what’s more, it is good to provide protection for the interest ofthe owner of intellectual right and public social interest, at the same time, it also can avoid thepatentee abusing their right by applying the injunction correctly. This dissertation analyses thefirst case about injunction related to a foreign enterprise by using the method of combinationof case analysis and theoretical explanation. The dissertation focuses on the standards ofgranting injunctions, the hearing procedure, the removing of the injunction and the effect ofapplying the injunction by using the latest law and research of China and the reference offoreign practical experience and theoretical research.The dissertation is divided into three parts, about20,000words, the three parts are asfollows:The first part is about the case outline and problem points. The part gives a simpleintroduction of the case and the judgment of the court, and then indicates the legal issuesabout the conditions of admissibility, standards of granting injunctions, the hearing procedure,the removing of injunction and the effect of applying the injunction.The second part analyses the problem points. First this part explains the conditions ofadmissibility of the injunction including the subject of the application, the time and theevidences. Then this part focuses on the four areas of the standards of granting injunctionsand considers that the law does not formulate the standards of granting injunctions in detailand clearly, and it isn’t practicable, so that it needs further define. After that，this part introduces the hearing procedure and it’s importance, then indicates that the hearing procedureis missing widely in Chinese judicial practice, and considers that whether it needs the hearingprocedure is based on the case’s complexity and the sufficiency of the evidences. Finally, thepart elaborates some circumstances about the removing of the injunction and the importantsignificances of the preliminary temporary injunction of patent infringement for improvingthe court’s credibility, changing people’s legal concepts, protecting the interest of the rightsholders and the economic development.The third part evaluates the judgment in this case. Through elaborating the above contentand analysis of the court’s behavior in the case, this part considers that the court identifies thequalification of the subject of the application, likelihood of success and irreparable losslegally and legitimately, but the inadequacy is that the court doesn’t carry out the hearingprocedure, which is a procedural flaw. At last, this part summarizes the ways to handle thesame case, which can be used for reference.