Research On The Application Of Preliminary Injunction In Unfair Competition Cases Of Trade Secrets

Preliminary injunction is an important measure for trade secrets obligee to protect trade secrets in time.Compared with the simple method of ex post facto compensation,prelim inary injunction protection has the advantages of ti meliness and rapidity.As a result of trade secrets has the characteristic of“once the loss is permanent loss”,if all cases are in accordance with the traditional ex post facto compensation for damage relieve,many trade secrets will not b e protected.On the contrary,prel iminary injunction protection to trade secrets is not only compatible with the ch aracteristics of trade s ecrets,but also conf orms to the trend of international development,returning to the legis lative purpose of trade secrets,which can be used as an effective path to protect trade secrets.However,China's trade secrets preliminary injunction system is still a blank field,the act preservation in the new“civil procedure law”is vague and lack of content,which greatly affected the application of preliminary injunction.The practice of the procedure of preliminary injunction in unfair competition cases of trade secrets is difficult.The academia pays more attention to the setting up of trade secrets preliminary act preservation system and analysis of necessity,but the application of preliminary injunction in unfair competition cases of trade secrets is rarely combed and summarized.Based on this,it is particularly urgent and im portant to research the applicati on of prelim inary injunction in unfair competition cases of trade secrets.In this thesis,through hi storical research,com parative research,empirical analysis,normative analysis and other research methods,starting from the basic theory of preliminary injunction and trade secrets,analyzing the necessity and value of the application of preliminary injunction in unfair com petition cases of trade secrets,by com bing the application of the status quo a nd issue of China,and combined with the experience of foreign preliminary injunction legislati on,judicature and the applicat ion of dom estic intellectual property preliminary injunction,finally,putting forward relevant suggestions on how to perfect the application of preliminary injunction in unfair competition cases of trade secrets.Specifically,in addition to the introduction and conclusion,the thesis mainly consists of the following four parts:The first part,as the logical starting point of this research,m ainly expounds the basic theories of preliminary injunction and trade secrets.First of all,explores the legal basis of right of claim of prelim inary injunction.Second,discusses the basic principles when issuing preliminary injunction,namely,the principles of positive prude nce,unity of legal system,balance of interests,procedural just ice and judicial ru ling.Finally,analyzes the legislative situation of preliminary protection for trade secrets,and finds that the act preservation of civil procedure law is the m ain basis of prelim inary protection for trade secrets at present.This part provides readers with a better cognition premise.The second part concentrates on the necessity and value of the application of preliminary injunction in unfair competition cases of trade secrets.On the issue,this thesis mainly from TRIPS Agreement demands,the need of trade secr ets,perfect the legal s ystem of intellectual property,makes up for the lack of anti-unfai r competition law,avoids the right blank period,promotes the developm ent of prelim inary injunction system and so on angles to analyse,which respond to the reader's question.The third part belongs to the category of interpretative theory,and analyzes the application of the status quo and issue of preliminary injunction in unfair competition cases of trade secrets.From judicial status quo to judicial issue,the thesis closely combines the latest developments of the rule of law of trade se crets preliminary injunction,concludes the status quo of small application quantity of cases,relev ant regulations cannot be effectively applied and issues of e mergency judge judgment system is m issing,applicable conditions and the application of security have differences,hearing procedure is missing and execution system is not perfect,highlights the key points of status quo and issue.The fourth part belongs to th e category of legislation theor y,which is also the focus of this thesis.This part put forward som e nichetargeting suggestions mainly from introduction emergency judge judgm ent system,using the standards of "the possi bility of unfair competition" and adher e a com prehensive compromise judgment position to " irreparable damage",definitude form of security,the a ppropriateness and feasib ility of establishing hearing procedure,takes the type of implem entation measures and optimizes service mode,in response to judicial needs,a nd in order to lay a foundati on for the perfection of act preservation system.