The people's court shall apply the provisions of Articles 93 to 96 and 99 of the Civil Procedure Law in handling the application mentioned in the preceding paragraph.
2. According to Article 6 1 of the Patent Law, if the patentee or interested party has evidence to prove that others are committing or about to commit acts infringing on his patent right, and his legitimate rights and interests will be irretrievably damaged if not stopped in time, he may apply to the people's court for measures to order him to stop the relevant acts and preserve his property before bringing a lawsuit.
The people's court shall apply the provisions of Articles 93 to 96 and 99 of the Civil Procedure Law in handling the application mentioned in the preceding paragraph.
3. According to Article 57 of the Trademark Law, if a trademark registrant or interested party has evidence to prove that another person is committing or will commit an act that infringes on his exclusive right to use a registered trademark, and if it is not stopped in time, it will cause irreparable damage to his legitimate rights and interests, he may apply to the people's court for measures to order him to stop the relevant act and preserve his property before bringing a lawsuit.
The people's court shall apply the provisions of Articles 93 to 96 and 99 of the Civil Procedure Law in handling the application mentioned in the preceding paragraph.
Article 97 The people's court may, upon the application of the parties, order that the following cases be executed first:
(a) recourse alimony, maintenance, nursing, pension and medical expenses;
(2) recourse for labor remuneration; ?
(three) due to emergency need to be executed first. ?
Article 98 The people's court shall satisfy the following conditions before making an order for execution:
(a) the relationship between the rights and obligations of the parties is clear, and the failure to implement it first will seriously affect the life or production and operation of the applicant; ?
(2) The respondent has the ability to perform. ?
The people's court may order the applicant to provide a guarantee. If the applicant cannot provide a guarantee, the application shall be rejected. If the applicant loses the case, it shall compensate the respondent for the property losses suffered due to the prior execution.
Article 99 If a party refuses to accept the ruling of property preservation or prior execution, it may apply for reconsideration once. The execution of the award shall not be suspended during the reconsideration period. ?
Explain (1) the scope of application of the first execution: 1, recover alimony, maintenance, nursing, pension and medical expenses; 2, recourse to labor remuneration; 3. It needs to be implemented first due to an emergency. According to article 107 of the Opinions, it includes: the infringement must be stopped immediately and the obstruction must be removed; Need to stop an action immediately; Need to immediately return the purchase price of production materials and production tools; Resume the right of recourse for insurance claims urgently needed by production and operation.
(2) Prior execution shall meet the following conditions: 1. The application should be made by the applicant. Note: The people's court cannot rule ex officio; 2. The rights and obligations between the parties are clear; 3. The applicant urgently needs to realize his rights and has applied to the people's court; 4. The respondent has the ability to perform.
(3) According to Article 106 of the Opinions, after accepting a case, the people's court shall take the first execution as stipulated in the Civil Procedure Law before making a final judgment. Note: You cannot apply for enforcement before the final judgment. Prior execution should be limited to the scope of the creditor's rights of the parties and the urgent needs of the parties' life, production and operation. Before the parties apply for enforcement, if the people's court considers that the applicant needs to provide a guarantee, it may order the applicant to provide a guarantee; if the parties fail to provide a guarantee, the application shall be rejected.