Study On The Temporary Injunction In The Field Of Intellectual Property Rights

In the final analysis,economic competition is the competition of intellectual property rights,intellectual property rights have become the embodiment of the national scientific innovation ability.With the implementation of intellectual property strategy,China's intellectual property rights and intellectual property economy have been developed continuously,and the protection of intellectual property rights have been strengthened.Intellectual property rights are different from the traditional civil rights,which have timeliness,high economic worth,and easy invasion of knowledge achievements.those have led to the vulnerability of intellectual property rights,but also put forward higher requirements on the civil remedies of infringement: to shorten the time,reduce the damage.Under the impetus of China's intellectual economy and the influence of globalization of international intellectual property protection,China has gradually introduced temporary injunction in the field of intellectual property rights in 2000.The temporary injunction is a temporary injunction that the oblige may apply to the court before the lawsuit or in the course of the proceedings,and the validity of the court shall be examined before and after the judgment is made.The relief function of the temporary injunction can meet the requirement of the timeliness of intellectual property right,and it can also make up for the defects of the traditional litigation.The temporary injunction was originally exist in the intellectual property law and its judicial interpretation,but the amendment of the civil procedure law is the first time to establish temporary injunction in the ninth chapter of “Preservation and advance execution” in 2012,which realize the temporary injunction from substantive law to procedural law.China has established the temporary injunction on intellectual property rights system,but the system still exists in the operation process of the starting main body qualification confusion,review procedure is not reasonable,the relief program is perfect,so this system needs to be deeply analyzed and studied.The article is divided into three parts:The first part is an overview of the temporary injunction system of intellectual property rights.This part describes the temporary injunction's concept,characteristics and applicable principles and other basic system information,and explicit the advantages of the temporary injunction system.Then this part analyze the value and significance of introducing temporary injunction in the field of intellectual property rights in China: to promote the progress of China's intellectual property rights industry and to integrate into the world knowledge economy,which also is the research value of this topic.At last,this part elaborates the function orientation of the temporary injunction system,which expound the temporary injunction's the position of procedural law and the connection with related litigation system.The second part is the present situation of the temporary injunction system of the intellectual property in China.From the macro level,this paper analyzes the legislative status and judicial status of the temporary injunction system of intellectual property rights in China by using data and charts.Then the temporary injunction system of intellectual property rights is divided into three stages: the start link,review link and relief link.It uses case analysis,table summary,and strip to reveal the problems existing in each stage,which is the focus of this study.At last,the author make pertinent suggestions of the temporary injunction in the field of intellectual property,which based on the analysis of the problems in the temporary injunction system of intellectual property rights in our country.This is also the focus of innovation in this article.This paper explains the main body of the issue,the issue of security solutions in the start link;puts forward to establish specialized review bodies,establish the hearing system,clarify the review standards in the censorship;improve the procedures for reconsideration,improve the mechanism of compensation for the error ban in the relief link.