Trademark Temporary Injunction

Since the reform and opening,China has been developing economy,in order to be able to integrate with the world,China make a lot of efforts to apply to the WTO,including the injunction,which require TRIPS agreeent.The injunction is a kind of exotic thing for our country,but with the development of our economy and the trend of globalization,the temporary injunction has played an increasingly important role.China has become one of the countries to join the WTO,it is necessary in accordance with its requirements to develop laws to adapt to China's national conditions,in the field of intellectual property rights,it has injunction system,which has changed the protection of intellectual property rights in China,and has great significance.In the case of trademark infringement,it is possible to protect the interests of trademark owners in a timely manner by applying for a injunction by the right holder so that it can reduce the loss or cause irreparable damage.In the field of trademark protection and market competition order to maintain these two aspects,the trademark before the ban than other general civil relief play a more role,more advantages.Compared with the general way of civil remedies,it can be in advance to allow the right of the right to relief,reflecting a timeliness.But the case has not sued,the specific case of the dispute has not yet resolved,nor the court's trial on the issue of injunction,it reflects its preventive and urgent,so that it may make the right person abuse before the ban,The infringer will be unfairly treated,so it is necessary to carefully check whether the conditions of the injunction match the release of the situation.The injunction originated in Anglo-American law,which originated from equity,and was widely used in various civil areas,especially in the field of intellectual property.In the United States,the application of the trademark before the ban is more widely applied,it provides for the issuance of injunction need to examine the four factors,but also provides a means of examination,the formation of a relatively perfect the temporary injunction system.This system is in the initial stage of our country,the legal provisions are not clear and specific,the lack of experience in judicial practice,so our country can not blindly introduce all the ban system in the West,but have to learn from and continue to develop their own characteristics,So as to better adapt to the world.Based on the concept and characteristics of the ban,this paper analyzes the unique situation of the ban,mainly analyzes the present situation of the legislation of the injunction and the injunction system,which includes the research situation of Britain and the United States As well as the relevant provisions of the TRIPS agreement,clear the possibility of issuing the four elements of the injunction,that is,the possibility of winning,irreparable damage to the presumption of the interests of both sides,the interests of the public interest,at the same time for our country to make recommendations.