The Reform Approach To The Ban On Intellectual Property Rights Before The Lawsuit

In order to meet the requirements of trade practices among countries in the world,the establishment of the prohibition system is one of the paths to the world stage.According to the provisions of the TRIPs agreement in the discipline of temporary measures,after 2000 years in our country has introduced the relevant intellectual property laws to stop the infringing before litigation in our country law system,on this basis,gradually establish a system of ban before litigation of intellectual property rights in China.V.since its establishment has developed more than ten years before the ban,play an important role in resolving intellectual property disputes,under the current legal system,gives the holder of the timely relief and produced a significantly protective effect.However,in judicial practice,the ban has legislative cross before litigation,loss of programs,many elements,guarantee not congruent puzzles,around the court applicable range,when the judge and judge legal facts,on the basis of clear lack of laws and regulations so that the rights of the parties can get guarantee,also there is a risk of harm public interests.Therefore,in the new era,it is of great theoretical and practical significance to comprehensively clarify the application of the system to the problems of legal issues and correction procedures.