In the world of intellectual property rights,the rational use of act preservation is a vital step in the protection of intellectual property rights.However,owing to the imbalance of procedural interests between the par-ties,it is functionally alienated.The introduction of the Provisions on the Preservation of Intellectual Property Rights has not reversed the situation of the respondent's disadvantaged position from the institutional level.This is specifically manifested in the lack of procedural participation and relief for the respondent.The procedure dero-gates the procedural rights and interests of the respondent's legitimacy,based on its inclusion of substantive law and procedure law of the dual attributes.Nevertheless,the specificity of intellectual property behavioral preserva-tion lacks the necessity to protect a party in a favorable manner.To break the current dilemma and release the en-ergy efficiency of the act preservation to the fullest extent,the court should be restricted from initiating preservation ex officio.Pre-trial inquiries should be refined while expanding the scope of application of counter-guarantee,and the rules of reverse behavioral preservation should be clarified.
关键词
知识产权行为保全/被申请人/程序利益/略式诉讼程序/程序参与/程序救济
Key words
act preservation of intellectual property rights/respondents/procedural interests/summary pro-cedure/procedural participation/procedural remedies
维普
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