Research On The Issue Of Anti-suit Injunction In Foreign-related Intellectual Property Litigation In My Countr

With the development of international trade and the increasing of international exchanges,all countries need to face the difficult problem of jurisdictional conflict brought by international parallel litigation.According to the current international trend,the introduction of injunction system in foreign intellectual property litigation is an inevitable requirement to deal with jurisdictional conflict,safeguard judicial sovereignty and guarantee the validity of judgment.Injunctions originated in Britain and were first applied by British and American courts to solve the problem of international parallel litigation.By combing the concept of injunction,it can be concluded that injunction has the attribute characteristics of behavior preservation,which can be divided into offensive injunction,defensive injunction and counter-injunction according to the purpose and effect of issuance.It has the functions of safeguarding judicial sovereignty,preventing indiscriminate litigation and facilitating the recognition and execution of judgment.Through the comparative analysis of the issuing conditions of countries outside the region,it can be seen that the issuing of injunction should be based on the jurisdiction of the domestic court,the justice and efficiency of the case entity and the principle of international comity.Considering the characteristics of global and regional intellectual property rights,the particularity and complexity of the object,the introduction of injunctive injunction in the field of intellectual property rights should focus on the substantive examination of the issuance of injunctive injunction and the compatibility of injunctive injunction system with international intellectual property rules.By analyzing typical practice cases in China,it can be found that there are still some obstacles in the connection between jurisdiction principle and injunction system,unclear issuing standards and weak execution means.Therefore,on the basis of determining the legislative position and the implementation principle,we should further design and supplement the injunction system from the scope of application,issuing conditions,program design and implementation.To be specific,first of all,we should establish the types of litigation aimed at the issuance of the injunction and improve the elements of the review of the issuance of the injunction.Secondly,the application of the injunction should be supplemented from the aspects of clarifying the application stage of the injunction,determining the system of centralized acceptance and issuance,and clarifying the issue of guarantee.Finally,in order to ensure the effective implementation of the injunction system,from the perspective of execution,the composition of the liability for violating the injunction and the way of liability identification are determined to ensure that the injunction plays a positive role in solving the problem of international parallel litigation.