Study On The Issue Of Preliminary Injunction Of Intellectual Property In China

As a temporary judicial relief system,the Preliminary injunction system plays an important role in the field of intellectual property litigation.China's intellectual property Preliminary injunction system is an “imported product”,and was originally stipulated in China's substantive intellectual property laws.Not until the introduction of the new “Civil Procedure Law” in 2012 did the Preliminary injunction system get incorporated in the field of procedural law.In China,applying for Preliminary injunction is easier to obtain support,but there are few enthusiastic applicants.In addition,the development of network information technology contributes to the fast spread of information within a short period of time,and post relief is unable to provide timely protection of the interests of intellectual property right holders.Based on an analysis of the current development of the intellectual property Preliminary injunction system in China,this paper identifies five problems existing in the system.To develop solutions to these problems,the author draws on extraterritorial experience as extraterritorial review standards for Preliminary injunction applications are more stringent than those in China,and factors for determining public interest are also specifically stipulated.In addition,in terms of procedures,almost all of the extraterritorial Preliminary injunction systems allow hearings to protect the debating right of both parties.When referring to extraterritorial experience,this paper puts more emphasis on China's current situation and its specific problems,and accordingly proposes suggestions for the improvement of China's intellectual property Preliminary injunction system.This paper is divided into three chapters to respectively discuss the above problems.The first chapter is an overview of the Preliminary injunction system.It gives a definition of the meaning and characteristics of the system and presents an analysis of its important role in China's intellectual property litigation.The second chapter is the discussion about the current situation and existing problems of China's intellectual property Preliminary injunction system.The paper conducts the analysis of the system's current situation from both legislative and judicial perspectives,and identifies five problems in the development of China's Preliminary injunction system.The third chapter presents a comparison between extraterritorial Preliminary injunction systems with that of China,from which experiences worth of learning are summarized.Finally,this paper proposes suggestions for the improvement of China's intellectual property Preliminary injunction system.