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ARTICLE · 04 DECEMBER 2024

Interim Measures In Judicial Proceedings In China

1. If failure to take immediate preservation measures would result in irreparable harm to a party's rights, the party may apply to the Court for pre-litigation property preservation.

ChinaLitigation, Mediation & Arbitration

1) What conditions must be met for the application of interim measures in China?

Different conditions should be met when applying for different interim measures.

1. If failure to take immediate preservation measures would result in irreparable harm to a party's rights, the party may apply to the Court for pre-litigation property preservation.

2. IP right owners or other interested parties, upon presenting evidence of ongoing or imminent infringement of their rights, and if not promptly halted could cause irreparable harm to their lawful interests, may legally seek preliminary injunctions and property preservation orders from the Court prior to litigation.

3. In cases where a party's actions or other factors may impede the enforcement of a judgment or cause harm to another party, the other party may apply to the Court for intra-litigation property preservation.

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