Study On The Behavior Preservation System In Intellectual Property

Aftering entering the 21 st century,with the improvement of the quality and level of China’s economic development,China has begun to introduce the behavior preservation system in intellectual property rights.The preventive relief this system can make up for the shortcomings of traditional litigation relief and meet the requirements of time limit in the field of intellectual property rights,which virtually strengthens the protection of intecllctual property rights The first addition of the act preservation system in the provedural law dates back to the civil procedure law in 2012.At the end of 2018,on the basis of summing up experience,the Supreme law issued the "provisions of the supreme people’s court on several issues concerning the application of laws in the trial of act preservation cases in intellectual property disputes"(hereinafter referred to as the "provisions on act preservation of intellectual property rights"),which provides detailed and comprehensive provisions on various rules,standards and specific operations in act preservation cases that may be involved in the field of intellectual property rights.The author intends to analyze the provisions on the preservation of intellectual property acts,and interpret and study the relevant aspects that may lead to disputes and misconceptions from the following aspects:The first part discusses the preservation system of intellectual property act from the theoretical point of view.It includes the development and change of this system,and interprets the concept,characteristics and nature of this system one by one.At the same time,it introduces and compares the similar systems in foreign countries,and points out the unique feautures of the act preservation system in China,which highlights the necessity of the study of this system.In the second part,the author will focus on the current judicial practice in China’s intellectual property act preservation system in the practice of some problems.After the introduction of the legislative background and context of the protection system of intellectual property acts,the legislative trend and deficiencies of the systems are actively considered and studied under the guidance of problems.It mainly focuses on the system start-up,system review,rights relief and other aspects to seek high-quality solutions and schemes.In the third part,the author compares the legislative provisions on the protection of intellectual property acts in different countries from the aspects of the applicable condictions and operating procedures of the system,and tries to explore the differences between the civil law system and the common law system on the production of intellectual property acts.Under the condiction that the system has not been introduced into our conuntry,we can make up for our shortcomings by studying and studying it,and promote the further improvement of our legislation.The fourth part,will mainly focus on the second part found in the field of intellectual property act preservation system some specific practical issues to respond.This paper puts forward some suggestions on the starting subject and guarantee of the system.At the same time,we should establish a more authoritative review organization in the review link of the system,increase the corresponding hearing procedure content,and further clarify the review standard;in the content of the system’s relief rights protection,we suggest that through reasonable and appropriate use of the measures,improve the corresponding error correction mechanism such as reconsideration procedure,and put an end to the abuse of rights.