A Study On The Applicable Conditions Of The Presevation System Of Intellectual Property Litigation

In 2001,our country has established the behavior preservation system of intellectual property litigation basically, which has important significance to the protection of intellectual property, and the society pay much expectations and expectations. However, due to the inconsistencies between different laws, fuzzy criteria of the legal standards, the judge discretion and other reasons, much problems appeared in the process of implementation,especially the applicable conditions.February 26, 2015, The Supreme People's Court promulgated the draft of "Interpretation of Several Issues Concerning the Application of the Law on the Examination of Intellectual Property Rights and Competition Disputes" which contains provisions about the problems of the applicable conditions of preservation system of intellectual property litigation. This paper aims to improve the draft, combined with the historical research of the system and the relevant system of major countries in the world and the typical case of judicial practice, which mainly studies the applicable conditions of intellectual property litigation and aims to make recommendations on perfecting the applicable conditions.The chapter 1 mainly combs the current status and problems of behavior preservation system of intellectual property litigation, and finds out the existing problems on applicable conditions.On the one hand,the current situation in legislation and problem include the inconsistencies between different laws, fuzzy criteria of the legal standards, the judge discretion and other problems; on the other hand, there are many differences in the standards of review between different courts. And there are many problems in the program.And The chapter introduces the development of applicable conditions in order to provide a basis for further research.Through the introduction of this chapter,the author found the major problem of behavior preservation system is the conditions of behavior preservation system of intellectual property litigation.The chapter 2,which is the focus of this article,aims to solve the major problem,that is the conditions of behavior preservation system of intellectual property litigation.Through combing the development of the conditions,we find that there are many problems of the conditions in the applicable process,especially the issue of reviewing standards.This paper provides an in-depth analysis of each condition:The subject qualification of applicant; The likelihood of success on the merits;Irreparable injury;The benefit balance; The guarantee conditions;No harming of the public interest.On the basis of the analysis, the author made some suggestions.The chapter 3 is the comparison of domestic and international behavior preservation system for reference.In the last chapter, on the basis of summarizing the viewpoints of this article, the author puts forward some suggestions and prospects for perfecting the application conditions of the system of intellectual property litigation.