Research On The Patent Infringement Dispute Before Litigation Injunctive Relief System

For the positive response to the "public entrepreneurship, peoples innovation" and the concept of policy, which is accompanied by economic development, are becoming increasingly complex and diverse trend, the national economic development has not only rely on the real economy such as the development of the hard power strength of the economic entities, but also the soft power strength competition has become increasingly fierce. At present, our country put forward the slogan, which shows that our country has gradually realized the importance of the knowledge of economy and the necessity of the great development, so that’s why the entrepreneurial innovation is the source and motive force of national economic development. The constant emergence of intellectual achievements will requires us to provide timely and effective protection for knowledge products, in the construction of relevant intellectual property law system,is more requires us to do a good job in the construction of the value oriented and legal system as much as possible in time, effective protection of intellectual achievements, while encouraging innovation and entrepreneurial innovation.Along with China’s accession to the World Trade Organization(WTO) and commitments to fulfill the relevant contents of the TRIPs Agreement, in the field of patent protection system construction, still need to be further clarify and other aspects of construction and improvement.In our country the judicial practice of patent trial and the remedy system of the patent litigation is not very clear, that is often used for ordinary civil litigation for pretrial relief measures, which is not reasonable and legitimate for the protection of the rights and interests of the patent. Before litigation of patent infringement dispute injunction is in order to balance the interests of principle and further construct mechanism of balancing of interests, also in relief to a temporary injunction as the value orientation, in order to improve the operation of the subjects of rights and obligations distribution as the core, is used for adjustment and assignment of patent rights and accused of a legal system of interests between the parties and the public, And the application of the remedies before litigation is due to its efficiency and effectiveness, which has become an important means for the protection of patent rights and interests in China.In this paper, we try to compare the pre-litigation rights relief and protection system of patent infringement, and combined with the judicial experience on the relevant system to build a sound analysis.The first part: first of all, the basic content of the injunction before litigation of patent infringement to be introduced, including the cause of ban or prohibitions and the nature of the ban itself. Secondly, combined with the content of the patent infringement and the determination of the patent infringement to do the analysis and inevitably derived from the historical evolution and thetype of the prohibition of the development of the division. The second part: Along with the related content of TRIPs Agreement in our country, we have established clear guidelines and directions for the perfection of our country’s judicial trial and legislative system, and the analysis on the present situation of the application of the pre-injunction relief system in China puts forward the problems which are highlighted in the application concluded. The third part: the construction of our country’s patent protection in the field of pre litigation injunction system should follow the principle and the audit standards of the analysis and judgment, the future of the pre-patent infringement litigation system can be constructed in the future.