| The remedy of intellectual property rights often involves many issues,such as public interests,fair competition rules,the balance of interests between both parties and market trust interests.In the face of increasingly complicated intellectual property disputes,of course,the relief method of stopping infringement can no longer meet the diversified needs of rights relief.Compared with traditional property rights,Intellectual property has many characteristics,such as uncertain right form,insufficient relief effect,harsh publicity conditions,multiple value objectives and so on.Therefore,the claim for stopping infringement of intellectual property rights should not of course be analogized to the mode of real right claim,but its unique paradigm of absolute right claim should be clarified and the application of stopping infringement should be effectively restricted.Civil Code only stipulates the civil rights status of intellectual property rights,but in fact it broadens the interpretation space of relief provisions in intellectual property law.Referring to the prohibition veto system of Anglo-American law system and the limitation mode of claim right of continental law system,combined with the current provisions of China’s intellectual property law and the judicial interpretation and relevant opinions of the Supreme Court.It is reasonable to appropriately limit the right to request for stopping infringement of intellectual property rights.However,it is worth noting that the restriction mode of the right to stop infringement of intellectual property rights still does not deviate from the basic principles and framework of the civil law system.Faced with the constraints of multiple factors,how to balance interests and deal with value conflicts is still the primary problem.Therefore,if we can summarize all kinds of special situations,sort out different elements and their weights and explore feasible applicable methods,we will be able to better serve the development of China’s intellectual property industry and promote the prosperity of the market economy. |
