论文部分内容阅读
自2008年《民事訴訟法》明確了行爲保全這一法律制度以來,在近年來的司法實踐中,行爲保全申請已成爲當事人保障自身權益的重要手段,最高人民法院亦正在起草相應的司法解釋,以在知識產權領域建立統一的標準。就專利侵權案件訴前行爲保全而言,由於現有司法解釋頒佈至今已有十餘年的時間,其指導力度已明顯落後於實踐需求,~1加之專利案件本身的特殊性和經驗的欠缺,對於該類保全申請如何進行審查已成爲一類突出的問題。~2筆者試通過北京市二中院之前審結的一起
Since the Civil Procedure Law of 2008 clarified the legal system of behavior preservation, in recent judicial practice, the application of behavior preservation has become an important means for the parties to safeguard their own rights and interests. The Supreme People’s Court is also drafting the corresponding judicial interpretation, To establish a uniform standard in the field of intellectual property. As far as the pre-trial conduct preservation in patent infringement cases is concerned, since the existing judicial interpretation has been in place for more than ten years, its guidance has lagged far behind the practical needs. In addition to the particularity and experience of the patent cases themselves, How to apply for class preservation review has become a prominent issue. ~ 2 The author tried through the Beijing Second Intermediate Court concluded before together