Research On Summary Judgment System Of Intellectual Property Injunction

With the rising level of innovation in IPRs,traditional rights remedies have been unable to respond effectively.Although the 2000 IPR injunction provisions filled the gap in China’s law for advance IPR remedies,the inadequacy of existing procedural provisions has led to IPR injunctions in practice being prone to problems.An examination of the current state of IPR injunction legislation and the judiciary in China reveals that although IPR injunctions have been in operation for more than two decades,problems such as excessive conditions for commencement,confusing modes of review and inadequate procedural safeguards still exist.The balance between efficiency and fairness of IPR injunctions needs to be adjusted.Therefore,it is necessary to draw on the successful experience of foreign countries,combine it with China’s national conditions,and construct a system of rules on IPR injunctions in China in accordance with the principle of summary judgment procedure.Specifically,for the construction of IPR injunction rules,firstly,it should be clear that they follow the principles of on application,speedy trial and minimum procedural safeguards;secondly,the conditions for initiation and trial mode must be improved;and finally,the procedural safeguards for the whole process of IPR injunction should be realised through measures such as safeguarding the statutory right of hearing,establishing the right of objection and reconstructing the review procedure.These approaches are mutually supportive and work together to ensure the good operation of IPR injunctions.