On The Applicable Of Injunction System Research Of The Patent Law

With the development of the society, technology innovation brings huge economic benefits and economic value of the patent right has significantly influence on the enterprise and individual. Because the patent rights protection is often along with the announcement of invalidation, suspension of litigation, the judgement of patent infringement need a long lawsuit time. In accordance with the traditional judicial mode, the crusade of patentee is likely to be a long time process. Because of the lack of shock to infringement act, to some extent, the patentee can only watch their rights been infringed upon. Therefore it’s needed to propose a more simple and quick way to protect the patentee’s rights, which is the Injunction System. Our country transplates the Injunction System to the field of intellectual property right, which is called "Stop the violations before litigation", and it provides a more timely and reasonable choice to the patent holder which can avoid more infringement before the end of the trials or in the course of the proceedings.However, due to the ban made before the end of the trial, even sometimes without the court debate, so it cannot fully protect the benefit of the respondent. In addition of the patent right’s characteristics of fuzzy protection range and low-replacement and the lack of sufficient debate, it is more common in practice that the patent holder abuse the right of the Injunction System.This paper consists of three parts: introduction, text and epilogue. In the order of questioning, analyzing reasons and solving the problem, it demonstrates the existing problems in Injunction System of our country and try to find a way to improve it. The Introduction part raises the study motive of the article through two case, which is find a way to solve the existing problems in the Injunction System through more than 10 years of the application of the Injunction System and how to perfect it. In addition, the introduction part also introduces the research status quo of the Injunction System, the object of the article, research methods and the innovation of the article.The text of the essay consists of five chapters. The first chapter is an introduction to the Injunction System, which introduces the concept and characteristics, principles and the scope of application of the Injunction System. The second chapter is the summary of our country patent system applicable case, which analyses the main existing problems in the process of the Injunction System. The third chapter summarizes the problem causes according to the problems existing in the Injunction System of our country. Based on the disunion of application standard of the Injunction System, the fourth chapter sums up clear and unified countermeasures which are subject to the examination of the Injunction System. Before the ban comimg into force,the examination of the Injunction System needs to identify the effectiveness of the patentee, and undertake substantive review to the materials which can prove the "chance of win the lawsuit" and "irretrievable loss" to the patentee. Fifth chapter introduces how to evade the abuse of the right of the Injunction System via the introduction of justifying imitations to patentee’s rights in the Supreme People’s Court on the trial of Patent Infringement Cases Application of Explanation Two and puts forward a programme to limit the applicability of the Injunction System to those who are non-practicing patentees, seeking improper benefits of the intent and to the "questionable Patent" or "Garbage patents".The last part clearly summarizes the object, theoretical foundation, practice basis and the solution of the dissertation. It also emphasizes the principle of balancing of interests in the process of the Injunction System, which can not only protect the right of patentee but also restrict the abusing rights in order to assure the effective application result of the Injunction System.