The Judicial Committee of the Supreme People's Court in
China recently issued a new judicial interpretation regarding
injunctions in IP disputes, which officially came into effect on 1
January 2019. The new rules, which are officially titled
"Provisions of The Supreme People's Court on Several
Issues Concerning the Application of Laws in Adjudication of Action
Preservation Cases Involving IP Disputes" (herein referred to
as "the Provisions"), provide some clarification on the
existing procedures for applications for interim injunctions
(including both preliminary and interlocutory injunctions) in IP
cases.
Historically, Chinese courts are cautious in the issuance of
interim injunctions, and there are few rulings showing how the
courts assess the legal merits underlying the granted cases.
Nevertheless, the courts seem to be increasingly willing to use
injunctions as a remedy for protecting IP rights, especially since
the establishment of the specialised IP Courts and
