The people's court shall apply the provisions of Articles 93 to 96 and 99 of the Civil Procedure Law of People's Republic of China (PRC) in handling the application mentioned in the preceding paragraph.
Explain that this article is about trademark registrants or interested parties applying to the people's court for interim measures before litigation.
1. This article was added by the revision of the Trademark Law. Article 50 of the Agreement on Trade-Related Aspects of Intellectual Property Rights of the World Trade Organization stipulates that judicial organs have the right to take effective temporary measures to prevent any delay from causing irreparable damage to obligees. According to the above-mentioned principles of the World Trade Organization, this revision of the Trademark Law adds provisions on taking interim measures before litigation, which mainly include three contents: first, it stipulates the legal conditions for taking interim measures before litigation; The second is to stipulate the content of interim measures before litigation, that is, to order to stop related acts and property preservation; The third is to stipulate the applicable procedures for people's courts to apply for interim measures before litigation.
Second, the legal conditions for taking interim measures before litigation. According to this article and the relevant provisions of the Civil Procedure Law, applying to the people's court for interim measures before litigation shall meet the following conditions: 1. The applicant must be a trademark registrant or an interested party. A trademark registrant is the right subject of the exclusive right to use a trademark, and when his exclusive right to use a trademark is illegally infringed, he may apply to the people's court for interim measures before litigation in accordance with the conditions and procedures stipulated in this Law. Interested parties refer to other people who have a direct interest in the infringement of the exclusive right to use a trademark, such as the licensed user of a registered trademark and the legal heir of the exclusive right to use a trademark. If a person who has no interest in the infringement of the exclusive right to use a trademark applies to the people's court for interim measures before litigation, the people's court shall rule that it will not be accepted. 2. The applicant must present evidence to the people's court to prove that others are committing or will commit acts that infringe on his exclusive right to use a trademark. If it is not stopped in time, the legitimate rights and interests of the applicant will be irretrievably damaged. 3. An application for the exclusive right to use a registered trademark or an interested party taking temporary measures shall be filed with the people's court before prosecution. Temporary measures are urgent measures that the right holder applies to the people's court to avoid irreparable damage caused by the infringement of the exclusive right to use a registered trademark that has occurred or is about to occur. This measure should be proposed to the people's court by the owner or interested party of the exclusive right to use the trademark before prosecution. Where the owner of the exclusive right to use a trademark or an interested party brings an infringement lawsuit against the exclusive right to use a trademark to the people's court and thinks that the judgment may be unenforceable or difficult to enforce due to the defendant's behavior or other reasons, the owner of the exclusive right to use a trademark or an interested party may apply to the people's court for property preservation measures in the lawsuit.
Three. Contents of interim measures before litigation. Pre-litigation interim measures include two contents, namely, ordering to stop relevant acts and property preservation. The applicant may, according to the actual situation of the case, apply to the people's court to take these two measures at the same time, or apply to the people's court to take one of them. Ordering to stop relevant acts means that the people's court orders the infringer to stop infringing on the exclusive right to use another person's trademark upon the application of the owner or interested party of a registered trademark. These behaviors mainly include: producing, manufacturing and processing goods that infringe on the exclusive right to use trademarks of others; Selling goods that infringe the exclusive right to use a registered trademark; Forging or manufacturing others' registered trademark logos without authorization or selling forged or manufactured registered trademark logos without authorization; Without the consent of the trademark registrant, the act of changing its registered trademark and putting the goods with the changed trademark on the market again; The act of providing convenient conditions such as warehousing, transportation, mailing and concealment for the infringer to commit infringement. Property preservation refers to the measures taken by the people's court to seize, detain, freeze or other methods prescribed by law to forcibly control the property related to the case upon the application of the registered trademark owner or interested party.
Four, the people's court to take interim measures before litigation procedures. The people's court shall apply the provisions of Articles 93 to 96 and 99 of the Civil Procedure Law of People's Republic of China (PRC) in handling the application of the registered trademark owner or interested party to take interim measures before litigation. These procedures mainly include: when the applicant applies to the people's court for interim measures before litigation, he shall provide a guarantee; If no guarantee is provided, the application shall be rejected. After accepting the application, the people's court must make a ruling within 48 hours; If an order is made to take interim measures before litigation, it shall be executed immediately. If the applicant fails to file a lawsuit within 15 days after the people's court takes the pre-litigation interim measures, the people's court shall lift the pre-litigation interim measures. If the people's court adopts pre-litigation property preservation measures, the property preservation is limited to the scope of the request or the property related to the case. Property preservation must be sealed up, detained, frozen or other methods prescribed by law. After freezing property, the people's court shall immediately notify the person whose property has been frozen. Property that has been sealed up or frozen shall not be sealed up or frozen again. If the respondent provides a guarantee, the people's court shall lift the property preservation measures. If the application is wrong, the applicant shall compensate the respondent for the losses suffered by taking interim measures before litigation. If a party refuses to accept the ruling on interim measures before litigation, it may apply for reconsideration once. The execution of the award shall not be suspended during the reconsideration period.