Provisions of the Supreme People's Court on Several Issues concerning the Application of Law in Examining Cases Involving Act Preservation in Intellectual Property Disputes
Provisions of the Supreme People's Court on Several Issues concerning the Application of Law in Examining Cases Involving Act Preservation in Intellectual Property Disputes
Provisions of the Supreme People's Court on Several Issues concerning the Application of Law in Examining Cases Involving Act Preservation in Intellectual Property Disputes
Fa Shi [2018] No.21
December 12, 2018
The Provisions of the Supreme People's Court on Several Issues concerning the Application of Law in Examining Cases Involving Act Preservation in Intellectual Property Disputes, which were adopted at the 1755th meeting of the Judicial Committee of the Supreme People's Court on November 26, 2018, are hereby promulgated and shall come into force as of January 1, 2019.
Provisions of the Supreme People's Court on Several Issues concerning the Application of Law in Examining Cases Involving Act Preservation in Intellectual Property Disputes
(Adopted at the 1755th meeting of the Judicial Committee of the Supreme People's Court on November 26, 2018, and effective as of January 1, 2019)
The Provisions of the Supreme People's Court on Several Issues concerning the Application of Law in Examining Cases Involving Act Preservation in Intellectual Property Disputes (the "Provisions") are formulated in accordance with the Civil Procedure Law of the People's Republic of China, the Patent Law of the People's Republic of China, the Trademark Law of the People's Republic of China, the Copyright Law of the People's Republic of China and other laws and regulations and in combination with the actual conditions in trial and execution practice, in order to correctly examine cases involving act preservation in intellectual property disputes and protect the legitimate rights and interests of the parties concerned in a timely and effective manner.
Article 1 The intellectual property disputes in the Regulations refer to the intellectual property and competition disputes in the Regulations on Causes of Action in Civil Cases.
Article 2 Where the party concerned in an intellectual property dispute applies for act preservation in accordance with Article 100 or 101 of the Civil Procedure Law before the judgment, ruling or arbitral award takes effect, the people's court shall accept the application.
Where the licensee under an intellectual property licensing contract applies for the issuing of an order to stop the infringement of intellectual property before litigation, the licensee under an exclusive licensing contract may separately file an application with the people's court; the licensee under a sole licensing contract may separately file an application if the rights owner does not file any application; the licensee under a general licensing contract may separately file an application in his or her own name upon specific authorization by the rights owner.
Article 3 An application for act preservation before litigation shall be filed with the people's court with jurisdiction over the corresponding intellectual property dispute at the domicile of the respondent or the people's court with jurisdiction over the case.
Where the parties concerned agree to arbitration, they shall apply to the people's court prescribed in the preceding paragraph for act preservation.
Article 4 To apply to the people's court for act preservation, an application and the corresponding evidence shall be submitted.
......
Fa Shi [2018] No.21
December 12, 2018
The Provisions of the Supreme People's Court on Several Issues concerning the Application of Law in Examining Cases Involving Act Preservation in Intellectual Property Disputes, which were adopted at the 1755th meeting of the Judicial Committee of the Supreme People's Court on November 26, 2018, are hereby promulgated and shall come into force as of January 1, 2019.
Provisions of the Supreme People's Court on Several Issues concerning the Application of Law in Examining Cases Involving Act Preservation in Intellectual Property Disputes
(Adopted at the 1755th meeting of the Judicial Committee of the Supreme People's Court on November 26, 2018, and effective as of January 1, 2019)
The Provisions of the Supreme People's Court on Several Issues concerning the Application of Law in Examining Cases Involving Act Preservation in Intellectual Property Disputes (the "Provisions") are formulated in accordance with the Civil Procedure Law of the People's Republic of China, the Patent Law of the People's Republic of China, the Trademark Law of the People's Republic of China, the Copyright Law of the People's Republic of China and other laws and regulations and in combination with the actual conditions in trial and execution practice, in order to correctly examine cases involving act preservation in intellectual property disputes and protect the legitimate rights and interests of the parties concerned in a timely and effective manner.
Article 1 The intellectual property disputes in the Regulations refer to the intellectual property and competition disputes in the Regulations on Causes of Action in Civil Cases.
Article 2 Where the party concerned in an intellectual property dispute applies for act preservation in accordance with Article 100 or 101 of the Civil Procedure Law before the judgment, ruling or arbitral award takes effect, the people's court shall accept the application.
Where the licensee under an intellectual property licensing contract applies for the issuing of an order to stop the infringement of intellectual property before litigation, the licensee under an exclusive licensing contract may separately file an application with the people's court; the licensee under a sole licensing contract may separately file an application if the rights owner does not file any application; the licensee under a general licensing contract may separately file an application in his or her own name upon specific authorization by the rights owner.
Article 3 An application for act preservation before litigation shall be filed with the people's court with jurisdiction over the corresponding intellectual property dispute at the domicile of the respondent or the people's court with jurisdiction over the case.
Where the parties concerned agree to arbitration, they shall apply to the people's court prescribed in the preceding paragraph for act preservation.
Article 4 To apply to the people's court for act preservation, an application and the corresponding evidence shall be submitted.
......