Where the licensee of an intellectual property license contract applies for an order to stop the infringement of intellectual property rights before litigation, the licensee of an exclusive license contract may apply to the people's court separately; If the obligee does not apply, the licensee of the exclusive license contract may apply separately; If the obligee explicitly authorizes the licensee of the general license contract to sue in its own name, it may file a separate application. Article 3 An application for preservation of pre-litigation acts shall be submitted to the people's court with corresponding jurisdiction over intellectual property disputes or the people's court with jurisdiction over the respondent's domicile.
If the parties agree to arbitration, they shall apply to the people's court specified in the preceding paragraph for behavior preservation. Article 4 To apply to the people's court for behavior preservation, an application form and corresponding evidence shall be submitted. The application shall contain the following items:
(a) the identity, address and contact information of the applicant and the respondent;
(two) the content and time limit of the application for behavior preservation measures;
(3) the facts and reasons on which the application is based, including the specific explanation that the respondent's behavior will cause irreparable damage to the legitimate rights and interests of the applicant or make the case ruling difficult to execute;
(4) Property information or credit certificate that provides guarantee for behavior preservation, or reasons why it is not necessary to provide guarantee;
(five) other matters that need to be stipulated. Article 5 Before the people's court decides to take behavioral preservation measures, it shall ask the applicant and the respondent, except for emergencies or inquiries that may affect the implementation of preservation measures.
If the people's court decides to take action preservation measures or reject the application, it shall serve the ruling on the applicant and the respondent. If the delivery of the ruling to the respondent may affect the adoption of preservation measures, the people's court may deliver the ruling to the respondent in a timely manner after the preservation measures are taken, and no later than five days.
If a party applies for behavior preservation in the arbitration process, it shall submit an application, a notice of acceptance of an arbitration case and other relevant materials to the people's court through an arbitration institution. If the people's court decides to take behavioral preservation measures or reject the application, it shall serve the ruling on the parties and notify the arbitration institution. Article 6 In any of the following circumstances, if immediate preservation measures are not taken, which is enough to harm the interests of the applicant, it shall be deemed as an "emergency" as stipulated in Articles 100 and 101 of the Civil Procedure Law:
(1) The business secrets of the applicant will be illegally disclosed soon;
(2) The personal rights of the applicant, such as the right of publication and privacy, are about to be infringed;
(3) The disputed intellectual property rights are about to be illegally disposed of;
(4) The intellectual property rights of the applicant are being or will be infringed upon in time-sensitive occasions such as trade fairs;
(5) Hot programs with strong timeliness are being or will be infringed;
(6) Other circumstances that require immediate preservation measures. Article 7 When examining an application for behavior preservation, the people's court shall comprehensively consider the following factors:
(a) whether the applicant's request is based on facts and laws, including whether the effectiveness of the intellectual property rights requested for protection is stable;
(two) whether the failure to take litigation preservation measures will cause irreparable damage to the legitimate rights and interests of the applicant or make it difficult to enforce the case ruling;
(three) whether the damage caused to the applicant by not taking the behavior preservation measures exceeds the damage caused to the respondent by taking the behavior preservation measures;
(four) whether the behavior preservation measures harm the public interest;
(5) Other factors that should be considered. Article 8 When examining and judging whether the effectiveness of the intellectual property rights requested by the applicant is stable, the people's court shall comprehensively consider the following factors:
The type or nature of the rights involved;
(2) Whether the rights involved have been substantially examined;
(3) Whether the rights involved are in the process of being declared invalid or revoked and the possibility of being declared invalid or revoked;
(four) whether there is any dispute about the ownership of the rights involved;
(five) other factors that may lead to the instability of the rights involved. Article 9 Where an applicant applies for behavioral preservation based on the patent right for utility model or design, it shall submit a search report, a patent evaluation report or a decision made by the Patent Reexamination Board of the State Council to maintain the patent right. If the applicant refuses to submit the application without justifiable reasons, the people's court shall rule to reject the application. Article 10 In any of the following cases, the preservation of intellectual property rights and unfair competition disputes shall be deemed as "irreparable damage" as stipulated in Article 101 of the Civil Procedure Law:
(a) the respondent's behavior will infringe the applicant's personal rights such as the right of publication and privacy and cause irreparable damage;
(two) the respondent's behavior will lead to the infringement is difficult to control and significantly increase the damage of the applicant;
(3) The infringement of the respondent will lead to a significant decline in the relevant market share of the applicant;
(4) Causing other irreparable damage to the applicant.