Questions Concerning the Application of Law to Pre-litigation Injunctions to Cease Patent Infringement Activities Several Provisions

关于对诉前停止侵犯专利权行为适用法律问题的若干规定

(Promulgated by the Supreme People's Court on June 7 2001 and effective as of July 1 2001.)The following provisions on several questions concerning the…

(Promulgated by the Supreme People's Court on June 7 2001 and effective as of July 1 2001.)

(最高人民法院于二零零一年六月七日公布，自二零零一年七月一日起施行。)

The following provisions on several questions concerning the application of law to pre-litigation injunctions to cease patent infringements have been formulated pursuant to the relevant provisions of the PRC, Civil Law General Principles, thePRC, Patent Law (the Patent Law) and the PRC, Civil Procedure Law (the Civil Procedure Law), in order to genuinely protect the lawful rights and interests of patentees and other interested parties.

Article 1: Pursuant to Article 61 of the Patent Law, a patentee or interested party may apply to the people's court for a pre-litigation injunction against the respondent to cease his patent infringement.

为切实保护专利权人和其它利害关系人的合法权益，根据《中华人民共和国民法通则》、《中华人民共和国专利法》（以下简称专利法）、《中华人民共和国民事诉讼法》（以下简称民事诉讼法）的有关规定，现就有关诉前停止侵犯专利权行为适用法律若干问题规定如下：

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