The Research On The Use Of Act Preservation In Anti-Unfair Competition

As a temporary remedy,act preservation can provide timely relief to the plaintiff. But in the field of Anti-Unfair Competition, act preservation is easy to use as a weapon to crack down on competitors. So it is necessary to consider the protection of the rights of defending party to the application. This article has four parts.Part one is a summary of what is the main question is.Part two analyzes the question from three aspects. Part three study model the countries outside of our country experience. Part four concentrates on how to protect defending party to the application in act preservation system, including the three aspects of the form of censorship, preservation conditions and security guarantee. Based on the lessons from abroad mature experience, accord with Chinese practice and theories, this paper puts forward in the field of China against unfair competition, accepting direct verbal trial, clearing conditions of the act preservation and determining the final amount of the guarantee by court.