PRC Patent Law Article 66

Statutory Requirement

To obtain this preliminary relief, the petitioner must demonstrate that the ongoing or threatened infringement will cause irreparable damage if not stopped immediately. The PRC Patent Law Article 66 requires the court to make a decision within forty-eight hours of receiving the application in urgent cases. If the court grants the injunction, it must be executed immediately, forcing the accused party to halt production or sales.

This rapid response is a powerful tool for rights holders facing seasonal product launches or high-volume export runs. The court may also order the preservation of evidence or assets alongside the injunction.

Preliminary Evaluation

Judges must carefully balance the interests of both parties and the public before issuing a pre-litigation injunction under this article. The PRC Patent Law Article 66 requires the court to assess the likelihood of success on the merits of the case. Courts are often cautious when applying this remedy in complex technical disputes, preferring to wait for a full trial unless the infringement is clear.

The petitioner’s bond is used to compensate the defendant if the court later finds that the injunction was unjustified.

Operational Limit

For manufacturing companies, the threat of an injunction under this provision represents a risk that can paralyze a factory line or block a major product launch. The PRC Patent Law Article 66 creates a high-stakes environment where a sudden court order can sever customer relationships and disrupt supply networks. Exporters must maintain clear records and use patent clearance screening to defend against these sudden legal moves.

This helps ensure that any allegations can be countered quickly before the court issues an injunction.