New provisions to nip IP infringements in the bud

(english.court.gov.cn)      Updated : 2018-11-27

New provisions were reviewed and approved at a conference by the Supreme People's Court (SPC) on the issues concerning the application of laws in reviewing the behavior preservation cases of disputes over intellectual property right and competitions on Nov 26.

The provisions cover four aspects. The procedural rules such as those for applicants, courts with competent jurisdiction, and enforcement of behavior preservation and substantive rules including the consideration factors of behavior preservation's necessity. The third part concerns withdrawal of actions seeking behavior preservation and guarantee measures that contain errors, and the last part covers other issues like management of coincidental applications of different types of preservation measures and preliminary judicial interpretation.

The provisions will have further amendments based on suggestions collected at the conference and will be brought forward for approval in accordance with stipulated procedures.