| Pre litigation injunction,as a temporary judicial relief measure,can fully meet the requirements of intellectual property timeliness due to its defensive function,and is widely used in intellectual property cases.Its application also embodies the legal spirit of balance of interests,equality and neutrality,with a foundation of due process and practical value that cannot be replaced by other judicial protection measures.Since the establishment of this system in China at the beginning of this century,many problems have arisen in practice.It is necessary to conduct in-depth research on the pre litigation injunction system,consolidate the theoretical foundation,improve the top-level design,and guide judicial practice,which is of great significance for China to build an intellectual property power.On the basis of in-depth research on the basic categories and attributes of intellectual property pre litigation injunctions,comparative research on foreign intellectual property pre litigation injunctions,this article summarizes and extracts experience that can be used for reference by China.This article analyzes the legislative and judicial status of the pre litigation injunction procedure for intellectual property in China,and deeply reflects and contemplates the application of the pre litigation injunction system for intellectual property in China.The current problems in this system mainly include three aspects.The first is the insufficient theoretical research on the pre litigation injunction of intellectual property;The second is that lack of pre litigation injunction procedures for intellectual property rights;Outstanding performance lies in two aspects: inconsistent review standards and inadequate post event relief;The third issue is the unreasonable organizational configuration of the implementation of intellectual property pre litigation injunctions.Based on the analysis of the reasons,suggestions are proposed to improve the pre litigation injunction procedure for intellectual property in China.Firstly,based on existing theoretical research,strengthen the theoretical foundation construction of the pre litigation injunction procedure.The main difference and coordination between substantive law and procedural law in the legislative model is to independently leverage the value of intellectual property litigation injunction procedures.Secondly,based on beneficial experiences from outside the region and the problems in China’s legislation and judicial practice discussed above,suggestions for improving the pre litigation injunction procedure for intellectual property in China are proposed,and a systematic mechanism for pre litigation injunction of intellectual property is constructed.Optimize the review procedures for intellectual property pre litigation injunctions in terms of basic structure,and improve the relief procedures for intellectual property pre litigation injunctions.Thirdly,the organization for implementing pre litigation injunctions on intellectual property rights should be reasonably allocated.Strengthen the cooperation between the court and the intellectual property regulatory authorities to promote the implementation of the system,while coordinating the division of responsibilities among various departments within the court,separating technical and legal issues,strengthening the powers of judges,and assisting in the effectiveness of the intellectual property pre litigation injunction system. |
