(1) application. The application shall specify the parties and their basic information, the specific content, scope and reasons of the application. The reasons for the application include specifying that the legitimate rights and interests of the applicant will be irretrievably damaged if the relevant acts are not stopped in time.
(2) Proof of the applicant's rights. The applicant shall submit documents that can prove the authenticity and validity of his rights, including certificates of rights, such as patent certificates, patent claims, patent specifications, certificates of paying annual patent fees, certificates of trademark registration, working papers, original works, legal publications, certificates of copyright registration, etc. Where a patent for utility model is involved, the applicant shall also submit a search report issued by the patent administration department of the State Council. Where an interested party applies, it shall also provide an exclusive use license contract, an exclusive use license contract and related materials. If the licensee who exclusively implements the licensing contract applies separately, it shall submit the certification materials that the obligee gives up the application. Where an heir to a patent right, trademark right or copyright applies, he shall submit evidence materials that have been inherited or are being inherited.
(3) Evidence of the respondent's infringement. The applicant shall submit evidence that can prove that the respondent is committing or will commit acts that infringe his rights, including the alleged infringing products, etc.
(4) The applicant shall provide effective guarantee. The applicant shall provide a guarantee. If the applicant fails to provide a guarantee, the people's court will reject the application. In the process of executing the ruling to stop the infringement, if the respondent may cause greater losses due to this measure, the people's court may order the applicant to add corresponding guarantees. If the applicant does not provide additional guarantee, the measure can be lifted. The above measures taken by the people's court shall not be lifted because the respondent provides a guarantee, unless the applicant agrees.
In a patent infringement dispute, the patentee or interested party may apply to the court for an order to stop the patent infringement before litigation. Interested parties include the licensee of the patent licensing contract and the legal heir of the patent property right. Among the licensees of a patent licensing contract, the licensee who exclusively implements the licensing contract may apply to the people's court separately; If the patentee does not apply, the licensee who exclusively implements the licensing contract may apply.
In an infringement dispute of integrated circuit layout design, the obligee of integrated circuit layout design may apply to the court for an order to stop the infringement of the exclusive right of integrated circuit layout design before litigation.
In a trademark infringement dispute, the trademark registrant or interested party may apply to the court for an order to stop the trademark infringement before the lawsuit. Interested parties include the licensee of the trademark license contract and the legal heir of the registered trademark property right. Among the licensees of a registered trademark license contract, the licensee who exclusively uses the license contract may apply to the people's court separately; If the trademark registrant does not apply, the licensee of the exclusive license contract may apply.
In copyright infringement disputes (including computer software), the copyright owner or copyright-related obligee may be ordered to stop infringing copyright or copyright-related rights and interests before bringing a lawsuit to the court.