Temporary Injunction In The Patent Litigation System Research

Temporary injunction is an important intellectual property litigation system. In accordance with the accession to the World Trade Organization (WTO) commitments, China will introduce temporary injunction system into the field of intellectual property protection. The establishment and implementation of this system not only protect the rights of the owner of intellectual property, but also is good for protection of public interest and the community spirit of innovation. According to the contents of the temporary injunction system, it is a procedural measure, which can resolve procedural issues, and not resolve the substantive issues. The paper is about the study of temporary injunction system of the patent field, analyzes and consummates temporary injunction system after studying the relevant system abroad.The first chapter probes the origin of the temporary injunction and related concepts and features. Starting with the origin of injunction, it is a special relief program, originated in the common law. Evaluated its relief functions according to the origin, the concept of the injunction and the law attributes are summarized as the basic theory.The second chapter is about the temporary injunction of overseas, focusing on the relevant system of the United States. The temporary injunction has gone through several hundred years on common law system. The United States is the typical common law country which has accumulated experience. The analyzing of relevant system in Britain, Germany and France, helps us be more comprehensive understanding to the temporary injunction system.The third Chapter probes a series of provisions about temporary injunction on patent field in China, mainly provided in the patent law and the Supreme People's Court" a number of provisions of law applicable to the problem on the complaint of patent infringement actions before the cessation ", the chapter summarizes law regulations and practice applicable conditions of the temporary injunction system in China, so that we can find out the absence of relevant systems and identify the problems.The fourth chapter is about the research to the problems which are concluded in the third and probes several aspects such as the evidence of conditions on the application of temporary injunction, how to recognize the "irreparable damage", how to recognize the "likelihood of success", the security issues and the necessary of the establishment of hearing procedures, and figure out the views and solutions about the establishment of the system and r practice approach.