Highlight: introducing the regulations on the patent preliminary injunction in China, as well as the applicant, examination standard. Also the question of whether the injunction could be applied in the lawsuit is also discussed.
As shows in the recent released data by China Supreme Court, the newly filed and judged intellectual property cases in the period from January to October are respectively 52, 708 and 38, 682, which have increased 42.2% and 39.79% year on year. Among which the cases with injunction applied are 126, and 184 for those applied for evidence preservation before the hearing and 18 for property preservation before the hearing.（For more details, pls refer to：http://www.legaldaily.com.cn/index/content/2011-11/28/content_3133300.htm?node=20908）
Basing on the data before, it could be concluded that the preliminary temporary injunction was applied in more than 100. Bridge IP Law Commentary today will introduce you the matters noticeable in the application of the injunction.
Before China participated in WTO, the preliminary injunction was amended as the Article 66 of the current Patent Law by China legislature basing on the Article 46 of TRIPS, and is detailed as follows:
If the patentee or interested party has evidence to prove that another person is committing or is about to commit a patent infringement, which, unless being checked in time, may cause irreparable harm to his lawful rights and interests, he may, before taking legal action, file an application to request that the people’s court order to have such act Read More...
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