Perfection Of The Preliminary Injunction Relief System Of Patent Immediate Infringement

In the traditional civil tort field in China,the compensation obtained after being infringed is the most important way for the right holder to obtain relief,and the establishment of the pre-litigation prohibition system breaks the traditional concept that people get the relief after being infringed.The system can be infringed.It is a kind of ex ante relief for the right person to provide judicial remedies before the actual infringement of the person.Therefore,compared with the traditional post-reliance methods in China,the pre-litigation prohibition system has great superiority.When a patent is facing the phenomenon of “immediate infringement”,in the case that the traditional after-the-fact relief is insufficient to provide sufficient protection for the patentee,the patentee relies on the pre-appeal ban to protect the patent right.The approach seems to be the only way for the patentee to effectively stop the immediate infringement.However,due to the short time for the establishment and development of the system in China,the system of the pre-litigation injunction in China is not deep enough compared with other temporary relief measures.There are still many problems in the application of the law.A lot of it is not clear.These reasons have not only led to the extremely low acceptance of bans in China’s judicial practice,but also many problems in the actual operational procedures.These issues are worthy of our deep reflection.This shows that China’s pre-litigation ban system needs further Development and improvement.This article takes "solving the protection of patent infringement as the starting point,focusing on the way of relief-the inadequacy of the prohibition system before the prosecution in China." As the basic clue,along the "basic theory of the ban and the pre-trial ban The theoretical basis and value significance of the applicable infringement cases in the patent field → the problems and dilemmas in the application of the ban inChina’s practice → the reference lines of foreign related systems and the enlightenment→ give suggestions for perfection,from the basic theoretical meaning of the system The concept begins,and the profound research and analysis of the injunction system before the infringement of patents in China is still in the new stage.After the new judicial interpretation is announced,there is still a lack of party hearings in the new stage,resulting in insufficient participation of the parties,imperfect relief procedures,guarantees,and review time limits.From the two levels of legislation and judicature,some suggestions for perfecting and perfecting the system of patent infringement before the infringement in China are given.