Authored by He Jing (firstname.lastname@example.org) and Cao Hui (email@example.com) at AnJie Law Firm
The Supreme People’s Court of the People’s Republic of China (“the SPC”) issued the Draft Judicial Interpretation on Application of Laws in Trial of Behavior Preservation Cases Involving Intellectual Property and Competition Disputes (“Draft JI”) on February 26, 2015 and is open for public comment until March 30.
Behavior preservation is a term used by the newly amended civil procedure law in China. Its essence is identical to temporary order, preliminary injunction or interlocutory injunctions in common law system. Remedies such as the behavior preservation, or preliminary injunctions, are already regulated in several laws and judicial interpretations in China, such as Civil Procedural Law, General Principles of the Civil Law, Patent Law, Trademark Law, Judicial Interpretation of the SPC on Preliminary Injunction against Trademark Infringement, and Judicial Interpretation of the SPC on Preliminary Injunction against Patent Infringement etc., this is the first time for the SPC to unify and specify behavior preservation regulations for IP and competition disputes.