Article 57 If a trademark registrant or interested party has evidence that others are committing or are about to commit acts that infringe upon the exclusive right to use a registered trademark, if it is not stopped in time, their legitimate rights and interests will be jeopardized. If the damage is to be compensated, the person may apply to the People's Court to take measures to order the cessation of relevant actions and property preservation before filing a lawsuit.

When the People's Court handles the application in the preceding paragraph, it shall apply the provisions of Articles 93 to 96 and 99 of the "Civil Procedure Law of the People's Republic of China".

Interpretation This article is about the provisions on trademark registrants or interested parties applying to the people's court for pre-litigation interim measures.

1. This article is a newly added content in this revision of the Trademark Law. Article 50 of the World Trade Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights stipulates that judicial authorities have the right to take effective interim measures to prevent any delay from causing irreparable damage to rights holders. Based on the above-mentioned principles of the World Trade Organization, this revision of the Trademark Law adds provisions on the adoption of interim measures before litigation, which mainly include three contents: First, it stipulates the legal conditions for the adoption of interim measures before litigation; Second, it stipulates the provisions on interim measures before litigation; The content of the measures is to order the cessation of relevant behaviors and property preservation; third, it stipulates the procedures applicable to the people's court in handling applications for pre-litigation interim measures.

2. Legal conditions for taking pre-litigation interim measures. According to this article and the relevant provisions of the Civil Procedure Law, applying to the people's court to take pre-litigation interim measures must meet the following conditions: 1. The applicant must be the trademark registrant or an interested party. A trademark registrant is the owner of the exclusive right to use a trademark. If its exclusive right to use a trademark is illegally infringed upon, it may apply to the People's Court for pre-litigation interim measures in accordance with the conditions and procedures stipulated in this Law. Interested parties refer to other persons who have a direct interest in infringement of trademark exclusive rights, such as licensees of registered trademarks, legal successors of trademark exclusive rights, etc. If a person who has no interest in an infringement of trademark rights applies to the People's Court for pre-litigation interim measures, the People's Court shall rule not to accept the application. 2. The applicant must provide evidence to the People's Court to prove that others are committing or about to commit acts that infringe on the exclusive right to use his trademark, and if the infringement is not stopped in time, the applicant's legitimate rights and interests will be irreparably damaged. 3. An application for provisional measures by the owner of the exclusive right to a registered trademark or an interested party shall be submitted to the People's Court before prosecution. An interim measure is an emergency measure that the right holder applies to the People's Court to take in order to prevent the infringement of the exclusive rights of a registered trademark that has occurred or is about to occur and causes irreparable damage to the right holder. This measure shall be taken by the holder of the exclusive right to use a registered trademark. Or an interested party may file a lawsuit with the People's Court before filing a lawsuit. If the trademark owner or interested party has filed a trademark infringement lawsuit with the people's court and believes that the judgment may be impossible or difficult to execute due to the defendant's behavior or other reasons, the trademark owner or interested party may file a lawsuit with the People's Court. The People's Court applies to take property preservation measures during litigation.

3. Contents of pre-litigation interim measures. Pre-litigation interim measures include two items, namely an order to cease relevant behavior and property preservation. The applicant may, based on the actual circumstances of the case, apply to the People's Court to take these two measures at the same time, or may apply to the People's Court to take one of the measures. Ordering to stop relevant behavior means that the people's court orders the infringer to stop the behavior that infringes on the exclusive rights of others' trademarks based on the application of the registered trademark owner or interested party. These behaviors mainly include: producing, manufacturing, and processing goods that infringe on the exclusive rights of others’ trademarks; selling goods that infringe on the exclusive rights of registered trademarks; forging or making without authorization registered trademark signs of others or selling forged or unauthorized registered trademark signs. Behavior; the behavior of replacing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark into the market; the behavior of providing warehousing, transportation, mailing, concealment and other convenient conditions for the infringer to carry out infringement acts, etc. Property preservation refers to measures in which the People's Court takes measures to forcibly control the property related to the case based on the application of the owner of a registered trademark or an interested party, such as sealing, detaining, freezing or other methods prescribed by law.

4. Procedures applicable to the People’s Court for adopting pre-litigation interim measures.

When the People's Court handles an application for pre-litigation interim measures from a registered trademark owner or an interested party, Articles 93 to 96 and 99 of the Civil Procedure Law of the People's Republic of China shall apply. Regulation. These procedures mainly include: The applicant applying to the People's Court for pre-litigation interim measures should provide a guarantee. If no guarantee is provided, the application will be rejected. After the People's Court accepts the application, it must make a ruling within 48 hours; if it decides to take interim measures before litigation, its implementation shall begin immediately. If the applicant does not initiate a lawsuit within fifteen days after the People's Court adopts pre-litigation interim measures, the People's Court shall terminate the pre-litigation interim measures. If the people's court takes pre-litigation property preservation measures, the property preservation shall be limited to the scope of the request or the property related to the case. Property preservation must take the form of sealing, detaining, freezing or other methods prescribed by law. After the people's court freezes property, it shall immediately notify the person whose property is frozen. If the property has been sealed or frozen, it shall not be seized or frozen again. If the respondent provides a guarantee, the people's court shall lift the property preservation measures. If there is an error in the application, the applicant shall compensate the respondent for the losses suffered due to the adoption of pre-litigation interim measures. If a party is dissatisfied with the ruling on interim measures before litigation, it may apply for reconsideration once. The execution of the ruling will not be suspended during the review period.