Requirements for Pre-Litigation Act Preservation Measures in Patent Disputes.

Journal article

1 electronic resource (page 356-360)

Civil Procedure Law, Arts. 104(1) and 111; Provisions of the Supreme People’s Court on Several Issues Concerning the Application of Law in Cases Involving the Examination of Act Preservation in Intellectual Property Right Disputes, Arts. 6, 7, 8 and 10 – Self-Cleaning Sweeping and Mopping Robots Headnotes by the Editorial Office 1. When reviewing an application for pre-litigation act preservation measures, a court should first determine whether the application meets the prerequisite of ‘urgent circumstances’. It should then consider factors such as the factual foundation and legal basis of the application, the risk of irreparable or difficult-to-enforce damage if measures are not taken, and the potential impact on the balance of interests and the public interest if measures are adopted. 2. In cases concerning infringement of invention patents or utility patents, a very complex technical comparison is often needed to determine infringement. In such cases, the court should be more cautious when taking act preservation measures.

Crossref

GRUR International ; 74, 4, 2025, 2632-8550.

[Oxford, England] : Oxford University Press (OUP), 2025.

English

https://academic.oup.com/grurint/article/72/3/231/6998505

External Online Journals > GRUR