Supreme People’s Court: Judicial Interpretation on Act Preservation in IP Disputes

January 22, 2019

“Provisions of Supreme People's Court on Several Issues Concerning the Application of Laws in Examining Act Preservation Cases Involving Intellectual Property Disputes” were adopted by the Supreme People's Court Judicial Committee at its 1755th meeting on November 26, 2018 and shall come into force on January 1, 2019.


According to the Provisions, where a party of IP dispute applies for act preservation in accordance with Articles 100 and 101 of the Civil Procedure Law before judgment, ruling or arbitral award takes effect, the people's courts shall accept the case.


Where the licensee of an IP license contract applies for preliminary injunction of IP infringement, the licensee of an exclusive license contract may apply to the people's court separately; the licensee of the sole license contract may apply separately if the right holder does not; the licensee of a common license contract may apply separately if the IP right holder authorizes the licensee to file a lawsuit in licensee’s name. (Source: China Supreme People's Court website)