Problems And Improving Suggestions Of Intellectual Property Act Preservation In Our Country

As a temporary relief procedure,act preservation plays a vital role in the field of intellectual property.Intellectual property act preservation was introduced in China in2001 and formally established in the law.At that time,the three major areas of traditional intellectual property law,namely Patent Law,Trademark Law and Copyright Law have been amended and added "pre-litigation temporary measures" provisions,which means that intellectual property act preservation system has been formally formed and occupies an important place in civil lawsuit.Intellectual property act preservation has been enriched and developed during later judicial practice.Specially,the draft of Interpretation of the Supreme People's Court on the Application of Law for Act Preservation of Intellectual Property and Competition Dispute in 2015 has systematically and comprehensively stipulated all aspects of the system,which has provided guidance and laid the foundation for the correct application of act preservation system in judicial practice to a large extent.However,intellectual property disputes in China are complex.Besides the behavior preservation system started late and the relevant provisions are not clear and unified.As a result,there are many problems need to be improved.In order to promote the perfection intellectual property act preservation system in China,this paper first summarizes intellectual property act preservation system in China from the aspects of concept characteristics,particularity,substantial elements and legal application.Secondly,through the comparative study of intellectual property act preservation system in Anglo-American and civil law systems,this paper summarizes the advanced judicial experience abroad and provides reference and enlightenment for the perfection of the preservation of intellectual property rights in China.Thirdly,the problems existing in substantial elements,guarantee,implemental and relief procedures are analyzed and finally the corresponding suggestions on the above issues are put forward.The purpose of this paper is to improve the system of intellectual property act preservation in terms of legislation and implementation and promote its application in judicial practice.