On The Prohibition System Before The IPR In China

Along with the development of the era, today's core competitiveness between countries in the world is increasingly characterized by competition for knowledge, therefore intellectual property protection is particularly important, based on the particularity of intellectual property,as a kind of relief which can effectively make up for the entity and other proceedings,preliminary injunction turns up correspondently. Our country took the opportunity of the accession of WTO to establish the intellectual property preliminary injunction system,which solved the urgent need of the tort of intellectual property rights in China, changed the week state of stopping the infringement of Intellectual property rights.However, at the beginning of the introduction of this system, due to the lack of theoretical research and practical experience,the system is not well developed and used.As far as now, although the framework of the intellectual property preliminary injunction system has been basically established, the existing system has many defects, regulation is still relatively principle and abstract, lack of maneuverability, especially review standard is not clear,guarantee system is imperfect, "48 hours" understanding controversial, execution efficiency is not high, lack of procedural aspects such as hearings and debates, remedy measures not reach the designated position, etc. In order to promote the implementation of the national innovation,to encourage invention-creation, to protect intellectual property rights, we should clear the review standards, perfect the guarantee system, clear the "48 hours" understanding, strengthen the execution, establish the proceeding of hearings and debates, perfect the injunction relief measures.