How to apply for a pre-litigation order to stop infringement of patents, trademarks, and copyrights
If an interested party files an application, it should also Provide exclusive use license contracts, exclusive use license contracts and related materials. If the licensee of an exclusive license contract applies alone, he shall submit evidence proving that the right holder has given up the application. If an heir to the property rights of a patent, trademark, or copyright files an application, he or she shall submit evidence of the inheritance or ongoing inheritance.
(1) The following persons may apply to the People’s Court ：
In patent infringement disputes, the patentee or Interested parties may apply to the court for a pre-litigation order to stop infringement of patent rights. Stakeholders include the licensee of the patent license contract, the legal successor of the patent property rights, etc. Among the licensees of a patent license contract, the licensee of the exclusive license contract may apply to the People's Court separately; the licensee of the exclusive license contract may file an application if the patentee does not apply. In an integrated circuit layout design infringement dispute, the integrated circuit layout design right holder may apply to the court for a pre-litigation order to stop infringement of the exclusive right to the integrated circuit layout design.
In trademark infringement disputes, the trademark registrant or interested parties relationA person may apply to the court for a pre-litigation order to stop infringement of trademark rights. Interested parties include the licensee of the trademark license contract and the legal successor of the property rights of the registered trademark. Among the licensees of a registered trademark license contract, the licensee of an exclusive license contract may apply to the People's Court separately; the licensee of an exclusive license contract may apply if the trademark registrant does not apply. In copyright infringement disputes (including computer software), the copyright owner or copyright-related rights holder may file a lawsuit with the court and order him to stop infringing the copyright or copyright-related rights and interests.
(2) Applicant’s application form When the people's court applies for a pre-litigation order to stop infringement of patents, trademarks, or copyrights, it must submit the following supporting materials:
1. Application form. The application shall state the parties and their basic information, the specific content, scope and reasons of the application, and other matters. The reasons for the application include a specific explanation that if the relevant behavior is not stopped in time, the applicant's legitimate rights and interests will be irreparably damaged.
2. Proof of rights of the applicant. Applicants should submit documents that can prove the authenticity and validity of their rights, including certificates of rights and other documents, such as patent certificates, patent claims, patent specifications, patent annual fee payment certificates, trademark registration certificates, work manuscripts, original works, and legal publications. , Copyright registration certificate, etc. If a utility model patent is involved, the applicant shall also submit a search report issued by the patent administration department of the State Council. If an interested party files an application, it should also provide the exclusive use license contract, exclusive use license contract and related materials. If the licensee of an exclusive license contract applies alone, he shall submit evidence proving that the right holder has given up the application. If the heir to the property rights of patents, trademarks, or copyrights files an application, he must submit evidence that he has inherited or is in the process of inheriting..
3. Evidence that the respondent has committed infringement. The applicant should submit evidence that can prove that the respondent is committing or about to commit acts that infringe upon its rights, including the alleged infringing products, etc.
4. The applicant should provide a valid 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 relevant infringement, if the respondent may cause greater losses due to the measures taken, the people's court may order the applicant to provide additional guarantees. If the applicant does not provide additional guarantee, the measure can be lifted. The above-mentioned measures taken by the people's court will not be lifted due to the provision of guarantee by the respondent, except with the consent of the applicant.
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