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《Intellectual Property》 2012-01
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Realistic Difficulties and Legislative Improvement of Preliminary Injunction System in the Field of Intellectual Property in China

Yang Tao  
After three decades of institution building and theoretical development,preliminary injunction has been established in the form of substantive law and procedural law,and has shown good practice results in intellectual property infringement lawsuit in China.In response to development needs of the society,economics,politics,culture,science and technology,all-round and multi-dimensional conflicting and reviewing of normative conflicts,system intertexture,type vacancy,thin procedures,fuzzy standard and other issues of preliminary injunction in intellectual property litigation has great significance.Based on this,legislative amendments must be explicitly define the location and attribution of preliminary injunction system in intellectual property law and civil procedure law,unify its universal application,add its vacant type,improve its procedural rules,and speed up the standardization and internationalization of the review of injunction.
【Fund】: 国家社科基金项目(09BFX036)资助
【CateGory Index】: D923.4;D997.1;D925.1
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