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ARTICLE · 04 SEPTEMBER 2014

Applications for injunctive orders in IP arbitration

The article discusses the use of injunctions in IP arbitration, the legal basis and its problems in China's IP trade.

ChinaLitigation, Mediation & Arbitration
Wang Yaxi
Wang Yaxi

Introduction

As China's cross-border technology trade develops, the number of disputes arising from international Intellectual Property contracts gradually increases. Many parties involved in international business prefer arbitration as their dispute resolution mechanism, because arbitration is confidential and its decisions can be enforced in different jurisdictions. Loads of international technology license agreements contain arbitration provisions whereby the parties agree on how to settle IP related disputes. IP disputes that will be arbitrated usually include: whether the licensee's use exceeds the licensed scope; issues concerning the licensee's disclosure of the licensor's technology; and the licensee's unauthorized sub-license of the licensor's technology. The value of an IP right, as an intangible property right, lies in a right owner's exclusive right to use the technology or business resources which constitute the subject matter of the right. Therefore it

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