Theory Of Our Country In The Patent Infringement Litigation Before The Ban

Ban before litigation measures based on China’s accession to the wto, to meet thetrade-related intellectual property agreement required for the background, the treatyobligation for performance of the member states, changed the laws related to intellectualproperty in our country, set up measures to ban before litigation. The establishment of thissystem, the implementation is our country intellectual property protection system is animportant milestone in the history of. Because the measure in its infancy in China, theshortcomings in the judicial practice, this requires us to constantly learn and draw lessonsfrom foreign advanced legal concept and excellent experience in legislation, to perfect ourcountry’s current legislation, the legal system in our country can better integrate with theworld.The purpose of this study is in-depth analysis before litigation injunction measures inpatent infringement litigation in our country the existing problems and puts forward someSuggestions, in order to apply correctly in the judicial practice before the ban, to encourageinvention-creation, to protect and promote the development of intellectual property in ourcountry. This paper starts with the basic content of the ban before an action, the articleexpounds the meaning of v before the ban, origin, classification, characteristics and production in our country, foreshadowing the necessary theory foundation to the later. Andthen analyzes the two big law countries ban before litigation measures, so that our countryjudicial organ to fully draw lessons from foreign successful experience in legislation andpractice. And find out the problem of ban measures before litigation in our country, thenaccording to better measures of the United States before the ban, in combination with thepractice of domestic, from the Angle of legislation theory and practice to, put forward theirown proposals.