Preliminary Injunctions in Intellectual Property Disputes in China

摘要

A preliminary injunction can be an effective protection mechanism against intellectual property infringement activities. This tool was first introduced in China with regards to certain intellectual property regimes, namely patents, trademarks and copyrights, about a decade ago, but statistics appear to suggest that intellectual property holders still remain guarded about this type of judicial relief. It is worthwhile reviewing the use of preliminary injunctions in China from both the legislative and practical perspectives, especially in light of the recent changes to the country's Civil Procedure Law which have further extended the application of this judicial relief to other areas.