美国临时禁令制度VIP专享

A Temporary Injunction USA System 1. Introduction In American, ban refers to infringement by court order to stop all acts of infringement for the duration of the patent right, including the direct infringement tort and tort induced help. The great majority of cases in violation of intellectual property rights in the intellectual property right, the most important remedy are to prevent further violations of the ban. The important significance of injunctive relief is it reflects primary value of intellectual property rights. The procedure is finished as a point of difference, America ban divided into permanent injunction and interlocutory injunction. A permanent injunction system completed the whole litigation evidence in the court hearing, give the plaintiff's full injunctive relief, and interlocutory injunction is in the litigation process. In order to avoid the plaintiff suffered temporary irreparable damage, short term, before the court decided a permanent injunction granted relief measures. 2. Ban system division Based on the basic legal system American follow legal patterns in the UK, US ,Britain has many similarities in the temporary injunction system, USA ban system mainly divides into the temporary restraining order, a preliminary injunction and permanent injunction, temporary restraining order and preliminary injunction relative Yu Yong long ban, belonging to the temporary ban measures. In the judicial practice USA, often in the case will ban called "very legal relief", its purpose is to be clear right or public interests of the applicant will face greater damage when requested by the applicant, take the act or omission of the relief measures. 2.1 temporary restraining orders Temporary restraining or...