The Study On The Act Preservation System Of The Intellectual Property In Our Country

For its special features of object infringement and nonperformance, compared with common civil trespass, the dispute for the intellectual property rights is more convenient, low-cost and secret and the damages for intellectual property owners are more serious than the damages caused by the common infringement acts. So when we considered such particularity, professional features of the dispute of the intellectual property rights and the protection form the special law it should get the special protection in procedures and the act preservation system for the intellectual property was formulated at the right moment.The act preservation system of the intellectual property has important meanings for protecting the parties in time especially for the legitimate interests for the parties of intellectual property rights dispute. The paper aimed at made intensive and detailed analysis on the act preservation system of the intellectual property in the provisional measure. Firstly, the writer started from the injunction system-the former part of the behavior security, explained the basic theories such as the connotations, features and law theory. Secondly, the writer introduced the stipulations to the act preservation from anglo-american law system, civil law system and the present laws and regulations in our country; the writer took the act preservation system which was formed according to the new civil procedure law as the entry point, discussed what’s influences will be caused by the act preservation system for solving the intellectual property right disputes and its conflict to traditional stipulations and put forward the disadvantages which existed in the act preservation system of the intellectual property. At last, combined the anglo-american law system, civil law system and the relevant stipulations in the international agreement, the writer took the advantages and discard the disadvantages and put forward the opinion and construction assumptions for the improvement of the act preservation system of intellectual property in our country.