Identification and Regulation of Abuses of International Interim Injunction in Intellectual Property

Empirical Analysis Based on Procedural Sanctions Theory

DOI

10.2991/assehr.k.220704.133How to use a DOI?

Keywords

IP Interim Injunctions; Quasi-substantive proceedings; Obligation of Good Faith; Procedural Sanctions

Abstract

With the wave of new technology revolution sweeping across the world, the institution of the interim injunction in intellectual property (IP) litigation has increasingly become a significant tool for conservative countries to hijack and restrict technology of emerging countries. Furthermore, the situation where the abuse of injunction in IP used by offshore subjects which undermined the national security and the interests of development has become normalized. There are three dimensions to interpret such procedural alienation and abuse from Doctrine of Law, Economics of Law and Sociology of Law, resulting the dilemma of practice in identifying and regulating the abuse which Chinese courts have faced with. In this regard, the existing prohibition procedures should be integrated and optimized based on theory of procedural sanctions. Meanwhile, artificial intelligence and big data technology are fully utilized to build a precise and dynamic identification mechanism for the abuse of the right to apply for injunction, which is complemented by punitive damages, dismissal for failure to exercise discretion, judicial disciplinary and judicial referral systems or other supporting procedural settings to achieve effective regulation of the abuse of injunction in IP.

Copyright

© 2022 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article distributed under the CC BY-NC 4.0 license.

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TY  - CONF
AU  - Zhibin Tang
PY  - 2022
DA  - 2022/07/11
TI  - Identification and Regulation of Abuses of International Interim Injunction in Intellectual Property
BT  - Proceedings of the 2022 3rd International Conference on Mental Health, Education and Human Development (MHEHD 2022)
PB  - Atlantis Press
SP  - 733
EP  - 738
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.220704.133
DO  - 10.2991/assehr.k.220704.133
ID  - Tang2022
ER  -