China’s top court offers warning over injunctions
05 June 2009
Peter Ollier, Hong Kong
China’s Supreme People’s Court has explained how IP trials should be conducted in the economic crisis in a formal Opinion that may result in courts granting fewer injunctions
The Opinion encourages courts to be cautious in issuing preliminary injunctions and sets out when they should consider not granting injunctive relief even after finding evidence of infringement.
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| The Supreme People's Court |
The Supreme People’s Court issued its Opinion on Certain Issues with Respect to Intellectual Property Judicial Adjudication Under the Current Economic Situation on April 21.
A large part of the 20-paragraph Opinion reiterates existing rules, but paragraphs 13, 14 and 15 have created concern among lawyers and IP owners that the government’s commitment to strengthening IP rights is being tempered by a desire to protect domestic industry in the economic crisis.
“This is the clearest indication I have seen from the courts of the shift in policy to balanced IP protection,” said Doug Clark, a partner of Lovells in Shanghai.
Paragraph 13 sets...
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