Research On The System Of Injunction Of Intellectual Property In China

Injunction is equity of Anglo American law system to establish a relief way, its main function is infringe behavior blocking before damage occurs or containment continuing infringement status, to prevent irreparable damage, expand, make up the deficiency of the damages of relief after the.Compared with the traditional relief, the ban system has a natural advantage, the civil law countries also have this system.At the same time, due to the prohibition of the court to make a full trial, the procedural justice to a certain extent, so that the entity justice, therefore, we must improve the applicable conditions and procedures to prevent the abuse of rights.Different from the traditional civil rights, the intellectual property rights and the nature of the object is invisible, the strict time limit and the object is easy to copy.This makes the intellectual property rights in the infringement, the rights of people are difficult to obtain timely and effective protection through the traditional way of relief, thereby reducing the people’s confidence in the judicial relief.In this case, the right people want to effectively prevent the infringement, rather than just after the compensation. The Injunction came into being in this context, for the protection of intellectual property and development escort.This paper mainly through the overview of the injunction system basic connotation and trace its historical development, characteristics, classification, application of the principle of ban system has very important value for the protection of intellectual property rights, the comparative study of major countries and the TRIPS Agreement in the injunction system,analysis in our country the system of provisional injunction of defects and the insufficiency and on the basis of the existing legislation, combined with the Supreme Court review of intellectual property and competition disputes behavior preservation of the case law applicable to a number of issues about interpretation(Draft) > the provisions of, from the unity of the legal system, applicable conditions, applicable procedures for error of relief, put forward a sound idea of ban of intellectual property right in our country.