Winning Preliminary Injunctions

Since a preliminary injunction can stop acts infringing upon IP rights quickly before the final judgment for an action is made, or even before the action is filed, it is increasingly used by IP rights owners and granted by courts in a trend that further strengthens the protection of IP rights in China.

This article aims to give some introduction to the legal practice of application of preliminary injunctions in enforcement of Chinese IP rights.

Issues to consider

In determining a preliminary injunction there are six main issues to consider:

High likelihood of success for the plaintiff;

Urgent circumstances where the infringing acts are being conducted or about to be conducted;