The Research Of Intellectual Property Temporary Injunction

To some extent, temporary ban system meet the requirements of the protection of intellectual property rights and play an important role. In China, at the beginning of the temporary ban system introduced, it was known as "timely rain". In recent years, however, the temporary injunction became unloved, filings falling,at the same time the court ruled to support a ban on application rate is declining. To understand the reasons for this phenomenon, we must learn from the sense of temporary ban system, legal status, review standards, applicable law and many other Angle.In this paper, the writer integrated use comparative analysis, historical analysis methods, comparing with the foreign system of temporary injunction. Then the writer put forward improving suggestions of the problems in a judicial practice. This article is divided into four parts altogether, the first part definited the basic issues about temporary injunction, including research scope, foreign temporary ban system inspection, our country's legal system that constitute the temporary injunction, the present situation of temporary injunction system in our country; The second part illustrates the temporary injunction system in our country in the review standards; The third part evaluated our country's temporary injunction system from the perspective of procedural law; The fourth part the writer proposed some improvement methods.In terms of review standards of temporary injunction, reference the foreign standards, our country adopt a relatively modest but strict censorship review standards. Take the possibility to win, the interests of the public to consider is rational to some extent, but the court are often too strict in dealing with the specific operations, thus increase the difficulty for the injunction to be approved. Censorship of the applicant to provide guarantee and irreparable damage is relatively easy, especially for the review of the application to provide guarantee can be very easy, for the irreparable damage the court generally consider the right to license, the impact on the market share, etc. When censor applications for the injunction, our courts is often too strict because of the judicial culture of China, the author hope that through learn the social reasons that result in US censorship standards change to further grasp the essence of temporary injunction system.