Preliminary Patent Injunctions in China: Fact or Fiction?

October 02, 2004 | BY

clpstaff &clp articles

By Justin Davidson & Connie [email protected]; [email protected] patent law system in China…

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By Justin Davidson & Connie Carnabuci

The patent law system in China has come a long way since the introduction of the PRC Patent Law (中华人民共和国专利法)20 years ago. The law has been through two major sets of revisions, with the most recent amendments bringing the law into conformity with the requirements of the TRIPs Agreement. We will concentrate on one of the newer aspects of the Chinese system: pre-litigation injunctions for patent infringement.

Pre-Litigation Injunctions

The second revisions to the Patent Law in 2001 introduced the possibility of interim injunctions. However, it was left to a