论保护知识产权的临时措施

Provisional Measures for Protecting Intellectual Property Rights

知识产权侵权行为发生后 ,为使权利人免受难以弥补的损害 ,需要在判决前对受侵害的权利给予救济。Trips协议规定了保护知识产权的临时措施 ,世界上大多数国家都有临时措施的规定。我国新修订的《专利法》、《商标法》和《著作权法》增加了保护知识产权的临时措施的规定 。

When the infringement of intellectual property rights happens, it is necessary to provide protection for the injured right before the judgement of courts so as to protect the owner of the intellectual property right from irreparable loss. Regulations about provisional measures can be found both in Trips and laws of most of the countries in the world. In our country, Patent Law, Trademark Law, and Copyright Law, which are amended recently, lay down the provisional measures in accordance with Trips. Many problems are still to be discussed in the operation of these measures.