A Comparative Study Of Intellectual Property Preliminary Injunctions Between China And America

The preliminary injunction of intellectual property is a temporary remedy that can be exercised by rights holders before litigation to minimize the damage they may suffer,which can prevent the continuing infringement from caused irreparable harm to right holders to a greater extent.Considering its extraordinary values,the preliminary injunction has special features in terms of procedures,substantive requirements,and relives.It is compatible with the current state of intellectual property protection,policy orientation,and future trends in a country,and it also reflects the value goals of socioeconomic development,creating a positive interaction between law and society.Based on a brief introduction to the intellectual property preliminary injunction system in China and the United States,this thesis makes a systematic comparison of the procedural elements,substantive elements and remedies of the intellectual property preliminary injunction system in the two countries,and makes a comparison of judicial practice and trends of preliminary injunctions with case studies,and finally puts forward some suggestions the preliminary injunction system in China’s intellectual property field on a comparative analytical basis.This thesis consists of five parts,totaling more than 30,000 words.Chapter I introduces the preliminary injunction system of intellectual property and combs the legal provisions of the preliminary injunction system of intellectual property between China and US.Chapter II explains the procedural requirements of the preliminary injunction system of intellectual property between China and US and compares the hearing and bond procedures.Chapter III elaborates and analyses the substantive requirements with cases,comparing the important substantive requirements of intellectual property preliminary injunction in China and US.Chapter IV introduces the remedies of preliminary injunction on intellectual property in the two countries and compares the principles for determining wrongful injunctions.Based on the aforesaid studies,Chapter V puts forward two considerations on intellectual property preliminary injunction in China,that is,strict liability shall be flexibly applied to the criteria for determining wrongful injunction,for example,higher but not absolutely strict duty of care can be imposed on the plaintiff,leaving room for fairness of individual cases.Meanwhile,the people’s court shall take hearing as a necessary procedure for intellectual property preliminary injunction,achieving the organic integration of due process and substantive justice.