1. According to Article 49 of the "Copyright Law", the copyright owner or copyright-related right holder has evidence to prove that others are committing or about to commit acts that infringe upon their rights. If not stopped in time, they will be infringed upon.
1. If the legitimate rights and interests are irreparably damaged, the person may apply to the People's Court to take measures to order the cessation of relevant activities 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.
2. According to Article 61 of the Patent Law, the patentee or interested party has evidence to prove that others are committing or are about to commit acts that infringe upon their patent rights. If not stopped in time, it will be illegal. If the rights and interests are damaged irreparably, 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.
3. According to Article 57 of the Trademark Law, the trademark registrant or interested party has evidence to prove that others are committing or are about to commit acts that infringe upon the exclusive right to use their registered trademark. If not stopped in time, they will be If their legitimate rights and interests are irreparably damaged, they may apply to the People's Court for 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.
Article 97: In the following cases, the people's court may rule on execution first according to the application of the parties:?
(1) Recovering alimony, support and child-rearing fees , pensions and medical expenses;
(2) Recourse for labor remuneration;?
(3) Execution required due to emergency circumstances. ?
Article 98 If the people's court rules to execute first, it shall meet the following conditions:
(1) The rights and obligations between the parties are clear, and failure to execute first will cause serious consequences. Affects the applicant's life or production and operation;?
(2) The respondent has the ability to perform. ?
The People's Court may order the applicant to provide a guarantee. If the applicant fails to provide a guarantee, the application shall be rejected. If the applicant loses the lawsuit, he shall compensate the respondent for the property losses suffered due to early execution.
Article 99 If the party concerned is dissatisfied with the ruling on property preservation or advance execution, he may apply for reconsideration once. The execution of the ruling will not be suspended during the review period. ?
Explain the applicable scope of (1) preliminary execution: 1. Recovering alimony, support, childcare, pensions, and medical expenses; 2. Recovering labor remuneration; 3. Recovering for labor remuneration; Urgent situations require execution in advance. According to Article 107 of the "Opinions", it includes: the need to immediately stop the infringement and eliminate obstacles; the need to immediately stop a certain behavior; the need to immediately return the payment for the purchase of production raw materials and production tools; and the pursuit of insurance claims urgently needed to resume production and operations. It's free.
(2) Preliminary execution shall meet the following conditions: 1. The applicant shall apply. Note: The People's Court cannot rule ex officio; 2. The rights and obligations between the parties are clear; 3. The applicant has an urgent need to realize his rights and has submitted an application to the People's Court; 4. The respondent has the ability to perform.
(3) According to Article 106 of the "Opinions", the People's Court shall adopt prior execution after accepting the case and before making the final judgment. Note: You cannot apply for early execution after the final judgment is made and before it is executed. Preliminary execution shall be limited to the scope of the parties' litigation claims and shall be limited to the urgent needs of the parties' lives, production and operations. If a party applies for advance enforcement and the people's court deems it necessary for the applicant to provide a guarantee, it may order the applicant to provide a guarantee. If the party fails to provide a guarantee, the application will be rejected.