The Research On The Perfection Of Intellectual Property Claim System In China

In recent years,the State has encouraged and promoted innovation,making it particularly important to strengthen intellectual property protection.As an important means of protection,intellectual property claim has independent value to intellectual property protection.The right of claim for intellectual property refers to the right of claim enjoyed by the right to guarantee the complete state and full exercise of its own rights when the intellectual property is infringed or threatened.Its preventive characteristics meet the needs of prior protection of intellectual property rights,and can complement the right of claim for damages and better protect intellectual property rights.In our legislation and practice,although the intellectual property claim system has been initially established,it is not perfect,that is,there is no comprehensive and systematic theoretical system and system.Therefore,it is necessary to study the theory of intellectual property claim and the existing system,so that we can have a comprehensive understanding of property claim,and to improve the system of intellectual property claim in view of the shortcomings of the current system.First of all,by introducing the right of claim,it clarifies the theoretical basis and the direct reasons for the emergence of the right of claim for intellectual property,and defines the nature of the right of claim for intellectual property by comparing the nature of the right of claim for real rights and combining the research of some scholars,it is not a real right or a creditor’s right,but an independent claim right attached to the intellectual property right,and makes clear the relation and difference between the intellectual property right and the claim right of real right and the claim right of damages.Secondly,through combing the regulations of intellectual property right of claim in our country’s current law,and analyzing its performance in judicial practice,the author points out the deficiency of our country’s current intellectual property right of claim system,that is,the system of claim right of intellectual property lacks systematic thinking,the specific content of claim right of intellectual property is missing,the nature and constitution of prohibition before litigation of intellectual property right is not clear,and the administration overemphasizes the exercise of private right.Thirdly,through the discussion of foreign countries on the intellectual property claims of the legislative provisions,drawing on its excellent achievements,for China’s intellectual property claims system to provide a reference basis.Finally,we should perfect the system of intellectual property right of claim,including the idea of improving the system,detailing the specific content of intellectual property right of claim,and making clear the pre-suit injunction of intellectual property right of claim,clarify the subject,mode and restriction of the right of claim of intellectual property.