What you need to know about China’s new Regulations on interim injunctions in IP cases

China’s Supreme People’s Court recently passed its new “Regulations on Certain Issues on the Application of Law for Conduct Preservation in Trials of Intellectual Property Disputes” (“最高人民法院关于审查知识产权纠纷行为保全案件适用法律若干问题的规定”, “Regulations”). The Regulations came into effect on 1 January 2019.

The Regulations apply to applications for interim injunctions (which includes both preliminary and interlocutory injunctions, in Chinese “诉前禁令” and “诉中禁令”) in IP cases.

The Regulations further clarify the existing procedure and standards, and provide typical cases illustrating them. The Regulations contain two major changes:

  • Interim injunctions can be applied for before or during parallel arbitration procedures; and
  • A new concept of wrongful application for preliminary application is adopted and clarified, including a range of circumstances illustrating when an application may be wrongful.

Read our full article, here for highlights of the important aspects and changes to the Regulations, which is vital for all practitioners to understand.

 

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Authored by Katie Feng, Eugene Low and Helen Xia

Contacts
Katie Feng
Office Managing Partner
Shanghai
Eugene Low
Partner
Hong Kong
Helen Xia
Partner
Beijing

 

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