The Preliminary Temporary Injunction In Copyright Infringement

Preliminary temporary injunction belongs to one of the interim measures, and is of great significance for the protection of intellectual property rights. In solving the disputes caused by infringement of copyright, preliminary temporary injunction should be effectively used. Although China’s copyright infringement disputes in preliminary temporary injunction has been running for more than ten years, but many problems still exist. Preliminary temporary injunction at present, the infringement of copyright dispute problems mainly include: the first is to preliminary temporary injunction applicable to review standard is not clear. The second is the imperfection of the program, such as the introduction of hearing procedure. The third is suitable for the security problems in the process of the system, such as the determination of guarantee amount. The fourth is the infringement of copyright disputes of v. before enforcing the ban does not reach the designated position. Fifth, under the network environment the copyright infringement disputes, and ban real-time operating system before litigation is not synchronous development.This thesis is trying to understand, carding predecessors’ research achievements, and on the basis of these results to examine, debate on ban on copyright infringement disputes before proceeding to clarify the concept and characteristics of system. At the same time, the understanding of copyright infringement disputes of the operation situation of preliminary temporary injunction in our country, find the problems existing in the system operation process. Through the combination of theory and practice, this paper puts forward the ideas of accord with the characteristics of copyright lawsuit system and improve the system of ban before an action plan, provide a reference for judicial implementation and innovation of legislative.