The Research On Pre-pleading Injunction Application In Patent Infringement Cases

Under the background of the development of intellectual property rights in China, pre-pleading injunction as an important institution increasing on the protection of intellectual property rights ruled by Chinese law, is so important that it cannot be replaced by any other system. Pre-pleading injunction once had to be brought into our law system to join the world trade organization to follow the TRIPS agreement, and now we are more and more realized the applicable value of intellectual property cases in intellectual property cases.Patents, as an important intellectual property rights, the number of infringed cases are increasing every year. Because of the attribute of patent right itself makes the patent infringement cases applicable to pre-pleading injunction which produces a great deal of demand. Introduced in the 2000 revision of the patent law, pre-pleading injunction has obtained good development in the application of the patent infringement cases. But in recent years, the defects of legislation and the problems existing in the judicial practice makes this institution not only didn’t get further development, but also the quantity used in the patent infringement cases are less and less, the results have to ponder.This paper at the beginning explained the meaning of pre-pleading injunction, compared with other remedies, to embody the characteristics of its own. In the second chapter of this paper, starting from the own characteristics of patent infringement cases, introduces the injunction in the patent infringement cases before litigation of necessity and its applicable value. In the third chapter, from pre-pleading injunction and its apply in the patent infringement cases of the USA, German and Japan to analysis, tries to get reference from the three countries on mature legislation and application, in order to find out the method of improving our injunction. In the fourth chapter, it elaborates the legislation and application of Chinese present injunction to discover problems and defects of injunction in China on the legislation and judicial practice cases. In the fifth chapter of this article gives some concrete suggestions to improve the application of China’s patent infringement case and hope to offer some references.