| For a long time,scholars’ theoretical research on labor protection of civil affairs activities should basically focus on the theoretical necessity and system construction of the establishment of labor protection management systems for civil affairs activities,and should also be carried out from two perspectives of practical theory.In-depth research,rather than the author’s personal belief that the establishment of my country’s civil affairs labor protection management system from two perspectives of theory and practice through the analysis of actual cases is more in line with the actual needs of our country,and it is more maneuverable.It has a more direct role in promoting the practical development of my country’s administrative judicial system.The author believes that although our country has adopted a legal form to stipulate the behavior preservation system,there are still great shortcomings.It is imperative to further improve the behavior preservation system in the Civil Procedure Law.To this end,the full text is divided into four chapters: The first part introduces the basic situation of this research case,and puts forward three controversial issues.The second part conducts an in-depth analysis of the identification of infringement in the case of "Tongming" suing "Huaze",which is specifically divided into three parts: the validity identification of patent infringement,the defense of patent infringement and the distribution of burden of proof for patent infringement..The third part focuses on the issue of behavior preservation in the case of "Tongming" prosecuting "Huaze",which is specifically divided into the effective premise of behavior preservation and the reasonable scope of behavior preservation,and the function of "Tongming" prosecuting "Huaze" case Recognition of sexual characteristics.The fourth part studies the scope of protection of functional features in the "Tongming" prosecution against "Huaze" and other issues.The fifth part finally draws the conclusions of the research and analyzes the behavior preservation system of our country.Recognize the merits of the behavior preservation system just established in my country’s Civil Procedure Law.For example,increase the scope of application of arbitration as pre-litigation behavior preservation.Put forward the shortcomings in the behavior preservation system,such as the hearing,the subject of the initiation,and the increase in the number of days of prosecution in the pre-litigation preservation.On the basis of drawing lessons from the temporary injunction system of the United States and Germany,combined with the actual situation of our country,we put forward corresponding suggestions to improve our country’s behavior preservation system. |
