论专利侵权诉讼中的诉前禁令-法律专业毕业论文.docxVIP

华中科技大学硕士学位论文 华 中 科 技 大 学 硕 士 学 位 论 文 II II Abstract It’s mainly provisional measures of redress that preliminary temporary injunction in patent infringement .The traditional way of relief follows the judicial logic of “wrongdoing-damage-compensation”, but injunction system can provide judicial pro- tection to the oblige even before the wrongdoings or the further damages occur, it is provisional and has not to be based on actual damages. Therefore, compared with the traditional means of relief-after-damages, the injunction system has a natural strength, which enables it to play a major role in protecting the Intellectual Property Rights in particular. But, at the same time, because an injunction is granted before a court trial is made and is usually based on the argument of one party without debating or declaring, it would normally be considered as against procedural justice. So the use of this kind of so-called “Against Procedural Justice, For Substantial Justice” relief should be strictly and judiciously restricted. The patent which belongs to the intellectual property rights is different from civil right. It has the peculiarities of intangible objects, strict time limit and relative internationalism. Therefore, when the patent receives infringement, the obligee is very difficult to protect through the traditional measure of afterwards remedy, and by now we only can depend upon sues. Furthermore, the long processing of litigation may hinder the acquirement and protection of the rights of oblige. Under this condition, efficient preventing of the tort is more important than after wards remedy. And propose some views and the suggestion that how to improve our countrys preliminary temporary injunction. This article first chapter mainly explained the injunction systems construction and its background, also the kind and principle of the injunction. The second chapter mainly introduced the preliminary temporary injunction in two legal systems and the TRIPS agreement, and