Research On The Temporary Protection Mechanism Of Patent Application From The Perspective Of Anti-unfair Competition Law

The "legalism of intellectual property" is particularly obvious in the process of mediation,arbitration,litigation and other patent disputes.The judgment is made according to the provisions of the law,so the parties'claims must be the patent rights clearly stipulated in the patent law and other laws.Only on this basis can the right of claim be supported.In the absence of such a provision or ambiguity,the judge may exercise his discretion in the light of the provisions of other laws.Under the current legal system,in addition to the patent law,there are copyright law,debt of unjust enrichment and anti-unfair competition law for judges to refer to as the judgment of patent application cases.Different systems have different legal basis.The current patent law confirms the temporary protection system of patent application,but the legal basis of the temporary protection of patent application is unclear.Under the patent system,the specific provisions of the temporary protection of patent application are few,which indirectly endow judges with greater discretion.In judicial practice,different judges have different understandings of temporary protection of patent application,which leads to unfair judgment of similar patent application cases.This paper studies the legal basis of patent application temporary protection,and tries to establish and perfect the legal system applicable to patent application temporary protection from the perspective of anti-unfair competition law,so as to maintain the fairness of patent application temporary protection cases.