A Study On The System Of Pre - Entry Prohibition In Patent Infringement Cases

Ban before litigation system is a relief system in advance before trial, it refers to the client application to ban the tort occurred before or the infringement could lead to the interests of the injured party damage before expanding, by applying for a party and/or holder of the injured party/apply to the court, the court is required to provide a means of judicial protection, the protection need not to the size of the actual damage as a referee. In our country, this system is a patent infringement case occurs in one of the main means of civil remedies before litigation. This system compared with the traditional afterwards relief system, whether in the aging or have influence or deterrence of the infringer has certain advantages. Which, as a branch of intellectual property rights, namely the patent right, which to a great extent, there are different with general civil rights, compared with other civil rights, and the characteristics of the patent right is it has the following characteristics:a strict time-limited, relative invisibility international and object, etc. When the holder of the patent right to a certain extent, therefore, are violated, if the holder of the hope of relief has been put on ordinary afterwards relief measures, it is often difficult to make the rights should be protected. Is happening at this point, the obligee to stop already or infringement behavior, can take the lawsuit before the ban such remedies, because that can let oneself to a certain extent of the patent right in advance or be protected in a timely manner, if can protect the rights of the obligee in advance, as far as possible let shouldn’t produce damage and losses do not produce, it has also shown the ban before litigation system of social values. Actually, ban before litigation system can reflect in many aspects of the society, its meaning is obvious to all. Through the analysis of the current study abroad on the implementation of the ban before litigation system, and some of our domestic practices, to compare the two, pointed out that at present our country before the implementation of v. a ban on the way of what are the disadvantages, and puts forward some opinion suggestion to perfect the system of our country.