Dual Invention and Utility Model Patent Filings in China Manufacturing
Dual patent filings in China secure fast utility model protection within months while preserving long-term invention patent exclusivity under Article 9.
Preliminary Injunctions
Meaning
Restrains an alleged infringer from manufacturing or exporting infringing goods prior to the final judicial determination of a civil lawsuit. In Chinese intellectual property litigation, preliminary injunctions serve as urgent judicial orders issued by civil courts to prevent irreparable market harm or evidence destruction during pending patent or trademark disputes. Article 103 of the Civil Procedure Law empowers judges to issue these orders upon application by rights holders.
The measure stops applying if the applicant fails to initiate formal court proceedings within statutory time limits.
Statutory Requirement
Courts issue interlocutory orders only when applicants demonstrate a high probability of success on the merits and establish clear irreparable harm. Irreparable harm includes permanent loss of market share or brand dilution.
Security Guarantee
Applicants must post financial collateral or bank guarantees equal to the anticipated financial losses of the defendant should the injunction prove unjustified. If the applicant refuses to provide required security, courts reject the preliminary injunction application immediately.
Enforcement Remedy
Targeted manufacturers face severe penalties under civil law if they violate court orders prohibiting production or sales. Execution officers enforce injunction orders immediately upon service, seizing manufacturing equipment or locking production facilities when necessary. Respondents maintain the right to file an application for reconsideration within ten days, though filing does not suspend the immediate execution of the injunction order.
Courts revoke preliminary injunctions if subsequent CNIPA rulings invalidate the underlying intellectual property right.