Zhengzhi Wang has published an article titled A New System for Preliminary Injunctions in the Intellectual Property Law in the May 2019 issue of the German law journal GRUR Int. (pp. 463-67). The article (which is in English, not German) provides a detailed overview of the "Provisions of the Supreme People's Court Concerning Application of Law Regarding Behavior Preservation in the Examination of Intellectual Property Dispute." As the author explains, the concept of "behavior preservation" is "similar to that of a preliminary injunction in a common law system," in that "a party is specifically asking the court to require or refrain an averse party from engaging in certain activities." The article includes a translation of and commentary on each of the 21 articles of the Provisions. Article 7 lists the factors courts should take into account in deciding whether to grant a preliminary injunction (factual and legal basis, irreparable harm, balancing, public interest), and article 10 goes into more specifics on the meaning of irreparable harm. Article 11 discusses security, and articles 16 and 18 the consequences of a wrongly issued preliminary injunction. The provisions went into effect on January 1.
For previous discussion on this blog, see this post and the accompanying comment by Mark Cohen.
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