Meaning
Injunctions in Chinese civil litigation compel or restrain specific actions by a party to prevent imminent and irreparable harm to the applicant’s legal rights. This mechanism, known as behavior preservation, acts as an interim remedy before a final judicial decision is rendered.
Statutory Relief
Protection of intellectual property and trade secrets represents the primary area where these orders are deployed by Chinese courts. Under the PRC Civil Procedure Law, the applicant must demonstrate that failure to act will cause damage that cannot be compensated by monetary awards. The court examines the necessity and urgency of the situation before issuing the order.
Security Requirement
Financial guarantees are mandatory to protect the respondent against potential losses caused by a wrongful judicial intervention. Courts require the applicant to provide equivalent security, which may consist of cash deposits, bank guarantees, or property under the jurisdiction of the court. The security is held until the main dispute is resolved by a final judgment.
Practical Enforcement
Execution of these urgent mandates faces challenges when the prohibited action requires continuous supervision by judicial staff rather than a single administrative act. While a local court can easily order a manufacturer to stop displaying a trademark at a trade fair, enforcing a ban on the transfer of technical data is more difficult to monitor. The local execution bureau handles the implementation, relying on penalties such as fines or judicial detention for non-compliance.
