An Analysis Of Temporary Injunction System Of Intellectual Property In China

As a temporary relief measure,the temporary in junction of intellectual property has the essential attributes of time lines sand efficiency.It has a unique function and significance in intellectual property litigation and demonstrates its unique value for intellectual property protection.Judging from the origin of the temporary injunction system,my country’s IPR temporary in junction system is a product of legal transplantation.Compared with the long history of foreign injunction systems,it has a latest art and is immature.Under the influence of the development of my country’s judicial practice and the internationalization of the application of injunctions,my country has continuously summarized adjudication experience,and referred to and borrowed from advanced experience outside the territory to continuously improve my country’s temporary injunction system for intellectual property rights.On December13,2018,the Supreme People’s Court issued the Supreme People’s Court on Several Issues Concerning the Application of Laws in Examining Intellectual Property Disputes and Act Preservation Cases.It is currently the most comprehensive and system provision on the application of temporary injunctions on intellectual property rights in China.It has realized the unification and systematization of China’s rules for the application of temporary injunctions in the field of intellectual property rights.At present,there is no shortage of research on the theory and application rules of the intellectual property injunction system in China,but the angle is relatively single,and the research is not comprehensive and in-depth,which is not conducive to the further improvement and systemization of my country’s intellectual property injunction system.Based on the latest judicial interpretation of the Supreme People’s Court,this article uses empirical analysis,comparative research and theoretical research to analyze cases in judicial practice to discover and summarize the problems in the application of the intellectual property injunction system,and learn from foreign countries.The mature injunction system and beneficial regulations start from the three aspects of the system structure of the IPR temporary injunction system,substantive review standards,and procedural rules,focusing on the pursuit of relief efficiency while also considering the construction of due process to protect the interests of both parties equally,and then Improve the top-level design of China’s IPR temporary injunction system and applicable relevant substantive review standards and procedural rules,clarify the identification of substantive review content,and construct reasonable procedural rules to provide scientific and highly operational guidance for judicial practice.