On The Application Of Preliminary Injunction In Copyright Cases

As an important part of preservation. system, the application of preliminary injunction in copyright cases has a positive meaning to protect the legitimate interests of copyright subject. In China, we establish application rules early in intellectual property cases, but there are many problems about the application in copyright cases, which are mainly manifested in chaotic rules in substantive law and procedural law, blurring between behavior preservation and program preservation, incomplete judicial interpretation, imperfect procedures applicable and the missing of preliminary injunction in arbitration, leading the functions of preliminary injunction can not fully play in copyright cases. In the knowledge economy era, infringement by the network puts forward higher requirements to copyright relief system. The author in the article reflects on the result of application of preliminary injunction in copyright cases in China based on the careful analysis of QianZhongShu’s Letters Auctioned Case. The dissertation consists of five parts:The first part is the introduction, which is mainly a overall summary of the dissertation.The main content of the second part is the analysis of QianZhongShu’s letters auctioned case, in which it first describes the background, process and the result of the case, and then discuss the influence on the judicial practice and law theory the case produces.The third part is to study the application of preliminary injunction in intellectual property infringement cases. The author firstly sums up the general theory of preliminary injunction, including the concept, properties and function of preliminary injunction; and then he makes a concrete examination on the application of preliminary injunction in copyright infringement cases, mainly covering the general application of preliminary injunction in intellectual property infringement cases and its concrete application in copyright infringement cases, which is a practical test of the function of preliminary injunction in copyright infringement cases.The defects of the application of preliminary injunction in copyright infringement cases are pointed out and perfect measures are put forward the in the fourth part.The fifth part is the conclusion, the last part of the dissertation, giving an overall summarizing of the article.