The people's court shall make a ruling within 48 hours from the date of accepting the application; If there are special circumstances that need to be extended, it can be extended for forty-eight hours. If an order is made to stop the relevant acts, it shall be executed immediately. If a party refuses to accept the ruling, it may apply for reconsideration once; The execution of the award shall not be suspended during the reconsideration period.
If the applicant fails to bring a suit within 15 days from the date when the people's court takes the measures ordered to stop the relevant acts, the people's court shall lift the measures.
If the application is wrong, the applicant shall compensate the respondent for the losses suffered by stopping the relevant behavior.
Explain that this article is about the provision that the patentee or interested party may apply to the people's court for interim measures before prosecution for the upcoming infringement that may cause great damage to him.
1.TRIPs stipulates that judicial organs should have the right to decide on timely and effective temporary measures: to prevent any infringement of intellectual property rights and protect evidence related to suspected infringement; Under appropriate circumstances, especially in the case that any delay may bring irreparable damage to the obligee or the evidence is in great danger of being destroyed, the judicial organ has the right to take appropriate measures; The judicial authorities should require the complainant to provide a deposit or equivalent guarantee sufficient to protect the defendant and prevent abuse; If the interim measures are revoked, or become invalid due to any act or negligence of the complainant, or it is later found that the infringement of intellectual property rights or the threat of infringement of intellectual property rights does not exist, they should be informed of their request, and the judicial authorities have the right to order the complainant to provide appropriate compensation to the defendant for any damage caused by these measures. In order to strengthen the protection of patent rights and link up with the provisions of TRIPs, this article stipulates that the patentee or interested party may apply to the court for an order to stop the direct infringement that may cause great damage to him before prosecution.
Two, according to the provisions of this article, the subject of applying for pre-litigation injunction is limited to the patentee and interested parties (such as the licensee who has entered into a patent licensing contract with the patentee); There are two conditions for applying for pre-litigation injunction: first, the patentee or interested party has evidence to prove that others are committing or will commit patent infringement; Second, the patentee or interested party has evidence to prove that if the act is not stopped in time, its legitimate rights and interests will be irretrievably damaged.
Three, the second, third, fourth and fifth paragraphs of this article make specific provisions on the procedure of applying to the people's court for interim measures before prosecution:
1. The applicant shall provide a guarantee when applying. If the guarantee is not provided, the people's court will reject its application. The purpose of requiring the applicant to provide a guarantee is to prevent the applicant from maliciously applying and protect the interests of the respondent.
2. The people's court shall make a ruling within 48 hours from the date of accepting the application. If there are special circumstances that need to be extended, it can be extended for 48 hours. Some patent infringement disputes are complicated, and it takes a long time for the people's court to make a ruling. This revision of the patent law, taking into account the needs of judicial practice, added a provision that "if there are special circumstances that need to be extended, it can be extended for 48 hours".
3. If an order is made to stop the relevant acts, it shall be executed immediately.
4. If a party refuses to accept the ruling, it may apply for reconsideration once; The execution of the award shall not be suspended during the reconsideration period.
5. If the applicant fails to bring a lawsuit within 15 days from the date when the people's court takes the measure of ordering to stop the relevant behavior, the people's court shall lift the measure.
6. If the application is wrong, the applicant shall compensate the respondent for the losses suffered by stopping the relevant acts.