Research On The Application Of Temporary Injunction In Intellectual Property Litigation

With the progress and development of the times,today's core competitiveness among the world's major powers is more and more manifested as the competition for knowledge,so the protection of intellectual property rights is particularly important.Based on the particularity of intellectual property rights,interim injunctions emerged as a system that can effectively make up for the effects of substantive relief and other litigation procedures.Taking advantage of China's accession to the WTO,China began to apply temporary injunctions in lawsuits,which resolved the urgent needs in intellectual property infringement lawsuits in China,and changed the status of the long-term weakness of intellectual property infringement.Certain defects need to be solved urgently.In addition to the introduction and conclusion,this article is divided into six parts for analysis and discussion:The first part is an analysis of the status of the research and the significance of the research background,as well as a literature review of the existing research results.The second part explains the general theory of interim injunctions in intellectual property litigation.This section analyzes the concept and legal nature of interim injunctions in intellectual property litigation,explores their legal origins,identifies similarities and differences in similar concepts,and clarifies functions and values.The third part describes the legal basis and consideration factors of judicial practice in China.It mainly sorts out the relevant legislative background and context of the temporary injunction in intellectual property lawsuits in China,and analyzes the consideration factors by interpreting the latest judicial interpretation.The fourth part is from the standpoint of the court to explain the application misunderstandings that should be explained to the applicant before examining and accepting the case,and the risks and consequences that may be faced after successfully applying for an injunction.The fifth part mainly analyzes the shortcomings in the application of temporary injunctions inChina's intellectual property litigation.The sixth part puts forward practical and perfect suggestions for the problems in the current specific application situation.