With over 200 dedicated professionals, Beijing East IP has helped a full spectrum of clients – from startups to Fortune 500 corporations to domestic multinational companies – on their intellectual property issues in China.
China is becoming an arena of significant importance where companies are taking advantage of patent portfolios against competitors. According to “2012 Intellectual Property Rights Protection in China” issued by State Intellectual Property Office of China, in 2012, local people’s courts around China accepted 9,680 patent civil cases, with year-on-year increase of 23.80%.
In this circumstance, we have been receiving more and more questions regarding patent infringement lawsuit in China. On one hand, some questions relate to remedies the Plaintiff may seek during the patent litigation. On the other hand, some questions relate to countermeasures the Defendant may take to withstand the attacks of the Plaintiff. Some of the questions include: Whether injunctions can be enforced before an appeal has concluded? Whether there is any preliminary injunction procedure in China to permit Plaintiff to enforce an injunction and shut down Defendant’s work before the conclusion of an appeal? What is the timing between any verdict of infringement and a patentee’s ultimate ability to enforce an injunction? How often Defendants with legitimate businesses are enjoined if they are found to infringe, as opposed to counterfeiters or other parties who are not likely able to satisfy a judgment?
To resolve the above questions, we produce this article. Particularly, we outline in this article all the possible remedies Plaintiff could seek against Defendant before the people’s court; analyze governing laws, judicial interpretations, and opinion of local appellate court (in this article, we take High People’s Court in Jiangsu Province as example) on these remedies; and finally comment on countermeasures Defendant could adopt to defeat all these remedies. In the end of the article, we will provide answers to the above questions.