How to handle design patent infringement disputes
Article 66 of the Patent Law: The patentee or interested party has evidence to prove that others are committing or about to commit acts that infringe the patent rights. If it is not stopped in time, it will be illegal. If the rights and interests are damaged irreparably, the person may apply to the People's Court to take measures ordering the cessation of the relevant behavior before filing a lawsuit.
The applicant shall provide a guarantee when applying; no If a guarantee is provided, the application will be rejected.
The People's Court shall make a ruling within 48 hours from the time of accepting the application; if there are special circumstances that require an extension, it may be extended for 48 hours. If a ruling orders the cessation of relevant conduct, it shall be implemented immediately. If the parties are dissatisfied with the ruling, they may apply for reconsideration once; the execution of the ruling will not be suspended during the review period.
The applicant has received an order from the People’s Court to cease relevant conduct If no prosecution is initiated within fifteen days from the date of the measure, the people's court shall terminate the measure.
If there is an error in the application, the applicant shall compensate the respondent for the losses suffered due to the cessation of relevant activities.
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