China's top court offers warning over injunctions
June 17, 2009 | BY
clpstaff &clp articlesChina's Supreme People's Court has explained how IP trials should be conducted in the economic crisis in a formal Opinion that may result in courts…
China's Supreme People's Court has explained how IP trials should be conducted in the economic crisis in a formal Opinion that may result in courts granting fewer injunctions.
The Opinion encourages courts to be cautious in issuing preliminary injunctions and sets out when they should consider not granting injunctive relief even after finding evidence of infringement.
The Supreme People's Court issued its Opinion on Certain Issues with Respect to Intellectual Property Judicial Adjudication Under the Current Economic Situation on April 21.
A large part of the 20-paragraph Opinion reiterates existing rules, but paragraphs 13, 14 and 15 have created concern among lawyers and IP owners that the government's commitment to strengthening IP rights is being tempered by a desire to protect domestic industry in the economic crisis.
The full version of this story is available at www.managingip.com.
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