Ordering to stop the infringement before litigation means that the obligee has evidence to prove that others are committing or that the person who enjoys the right of reputation is about to commit the infringement of his intellectual property rights. If it is not stopped in time, it will cause irreparable damage to its legitimate rights and interests. Before the prosecution, it may apply to the people's court for measures to order it to stop the relevant acts. Pre-litigation evidence preservation is to stop infringement. In the case that the evidence may be lost or difficult to obtain later, the obligee may apply to the people's court for evidence preservation before prosecution. Pre-litigation property preservation means that due to an emergency, the interested party fails to apply for preservation immediately, which will cause irreparable damage to its legitimate rights and interests. Before bringing a lawsuit or applying for arbitration, you may apply to the property preservation place, the domicile of the respondent or the people's court with jurisdiction to take all timely preservation measures.
The people's court shall examine the application for reconsideration put forward by the parties from the following aspects:
1, whether the behavior that the respondent is implementing or about to implement constitutes patent infringement;
2, do not take relevant measures, whether it will cause irreparable damage to the legitimate rights and interests of the applicant;
3. The guarantee provided by the applicant;
4. Ordering the respondent to stop relevant acts that harm the public interest.
To sum up, the territorial jurisdiction of disputes over liability for damages caused by applying for interim measures of intellectual property rights can be the court that accepts cases of interim measures of intellectual property rights, the defendant's domicile, or the trial court where the intellectual property right holder files corresponding infringement litigation after the court decides to take interim measures of intellectual property rights.
Legal basis:
Article 2 of Several Provisions on Applicable Laws for Stopping Patent Infringement before Litigation
An application for ordering to stop patent infringement before litigation shall be filed with the people's court that has jurisdiction over patent infringement cases.
Article 16
When the people's court implements measures to stop patent infringement before litigation, it may, at the request of the parties, refer to the provisions of Article 74 of the Civil Procedure Law and at the same time preserve the evidence.
The people's court may, at the request of the parties, preserve property in accordance with the provisions of Articles 92 and 93 of the Civil Procedure Law.