The Predicament And Solution Of The Intellectual Property Behavior Preservation System In Judicial Application

With international competition shifting from violent competition to knowledge competition,intellectual property is playing an increasingly important role on the international stage.The rights of the intellectual property rights is different from the other,it is immaterial characteristics of the object of rights,and its protection is short and limited,combined with the infringement of intellectual property and easy to copy,easy to spread,the characteristics of low cost,make the obligee's rights are vulnerable to irreparable damage.So,as a special means of relief and the existence of act preservation system,its purpose lies in the case of an emergency can provide timely and effective protection,prevent due to the infringement caused irreparable damage.Therefore,effective and perfect behavior preservation system is extremely important,which involves whether the infringement behavior can be curbed in time and effective in judicial practice.But intellectual property system of act preservation system in our country is gradually established after China's accession to the wto,and then just to join the world trade organization(wto)under the pressure,at the beginning of the legislation did not consider China's national conditions,many law is copying,also somewhat humble,that the act preservation system,as an "import" has been in the condition of "water".At the same time,the solidification mode of "heavy entity light program" has always existed,and the system of behavior preservation has not been effectively utilized,and it has been in the form in practice.No specific review standard,imperfect procedural matters set,lack of effective relief way,to judge the professionalism of the demand is higher,ruled that the execution is not complete,the infringement cost is too small,etc.,are now facing the shortage of the act preservation system,these deficiencies leading to act preservation system in the judicial practice often get into trouble.In this article,through analysis summary of act preservation of intellectual property rights in China as an example,explores the intellectual property rights act preservation system highlights the problems in the judicial practice,comparing the foreign intellectual property preservation measures,points out that in the implementation of intellectual property rights act preservation system in our country the way of the insufficiency of the methods,and proposes the corresponding perfect suggestion,really solve the urgent need of intellectual property infringement litigation in our country,change the strength weak status quo of infringement to stop,to strengthen the protection of intellectual property rights in our country...