Seeking transparency on interim injunctions

It is not yet clear how the Supreme People's Court (SPC) will apply interim injunctions to areas where damages can't be measured, such as defamation and the enforcement of trade secrets and non-disclosure agreements. Practitioners say the situation is unresolved; while the SPC needs to provide more clarity, it also wants to let the law develop on its own. How this plays out will affect the development of a litigation tactic that benefits all rights owners.

“The courts will have to determine the future of interim injunctions in types of harm where information can't be undisclosed,” said Elliot Papageorgiou, a partner at Rouse. “This is the new area of focus for interim injunctions. It depends on whether the SPC will grant them more easily or not,” he added.