The Viability of the Injunctive Reliefin the Process of Industrial Property

Abstract

When it raises issues that begin at the administrative level, with contradictory and full defense, reaching the economic market and the consumer public, ending at the judicial level with the interference of the state, there is no saying that this is not a theme of importance for the whole society. This time it faces the judicial sphere, in an attempt to resolve conflicts so that the judiciary will say who owns the right. It is that the right has been said in the law and the magistrate it is the interpretation of this before the case. We must understand why the judges avoid face claims for injunctive relief, denying its application of proprietary processes, with the Advance tutelage a co- rollary of the right to adequacy of judicial protection, it should be understood to fit this measure in the process of Industrial property. The preliminary injunction requires a major conviction, that is, the magistrate can not fail to grant protection only on the grounds that the author is not exempted from the burden of proof also the material brought to the process for it to be more likely that the defendant.