Study Of The System Of Interdict Before The Institution Of An Action Of Intellectual Property Right

If there is an evidence to prove that other people are infringing upon or are going to infringe upon his rights and his rights would suffer from irreparable damage without timely prohibition, an oblige or an interested person can apply to the court for the measure to instruct the infringer to stop his act of infringing act. That is the system of interdict before the institution of an action of intellectual property right. However, the system of interdict before the institution of an action of intellectual property right of our country is scattered, abstract, unsystematic, and lack of the auxiliary measures for guaranteeing both procedural justice and substantive justice. In addition, most relevant legislations center upon the substantive law of intellectual property right rather than that of procedural law. The current situation of legislation is caused by the following factors. It was merely a short time for introducing the system of interdict before the institution of an action of intellectual property right. What’s more, the follow-up measures for improvement focus on the substantive law and judicial interpretations instead of the procedural law of intellectual property right. Thus, the current system of interdict before the institution of an action of intellectual property right of our country should be specifically improved not only from the legislative contents, but also from the auxiliary measures. To be specific, the hearing principle and application of conditions in conformity to the aim of establishing the system should be added in legislation; the auxiliary measures of the hearing procedure, the mechanism of expert auxiliary, and the system of punitive money should be set up for improving the system of interdict before the institution of an action of intellectual property right so as to realize its goals of providing quick remedy for the infringed rights and interests of the applicant and guaranteeing the substantive justice and procedural justice as well.