On The System Of Stopping Infringement Of Intellectual Property Rights

As a basic system originating from Roman law,the way of stopping infringement relief has deep historical connotation and a complete legal system and a deep theoretical foundation.As one of the important parts of civil law theory in all countries in the world,the study of the infringement relief system has always been the top priority in the legal system of all countries,and it is no exception in the field of intellectual property rights.In China,the way of protection in the field of intellectual property follows the way of protection in the ordinary property law and applies the system of stopping infringement in intellectual property rights.However,due to the ambiguity of many sectoral laws,there are loopholes and many imperfections in the application of the infringement cessation system in the field of intellectual property rights.Since the 1990 s,with the fermentation of the "Wu Song Tiger" case,the application of the cessation of infringement in the field of intellectual property rights has gradually entered the public's perspective.Whether or not to apply the cessation system of general civil law to intellectual property rights disputes has caused widespread discussion.On the one hand,the blunt application of the cessation system can stop the infringement of intellectual property rights by infringers in the fastest and simplest way,but on the other hand,it is very likely to harm infringers 'rights and interests.And harm the interests of the public.This article will start from the property of intellectual property rights,through the analysis of intellectual property rights and common civil rights common points and different points,to explore different cases in the field of intellectual property rights to stop the possibility of infringement.In particular intellectual property disputes,such as in cases of infringement of the public interest,how should the cessation system be applied? Under the circumstance that the use of the stop infringement system will be obviously unfair,a new way to conduct case adjudication is discussed.In addition,this article will also analyze the system of stopping infringement of intellectual property rights in other legal systems,make a clear analysis and comparison,and analyze the differences between the prohibition system of the Anglo-American legal system,the claim system of the civil law system,and the advantages and disadvantages of the two different systems.To make useful suggestions on the improvement of the system of stopping infringement of intellectual property rights in China.At the end of this article,through the analysis of the theoretical basis of the intellectual property claim system,through the general overview of the entire framework of civil law,to the intellectual property claim system put forward reasonable legislative suggestions.