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Intellectual Property and Commercial Court

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2008-Min-Zhuan-Kang-19

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Decision No. 2008-Min-Zhuan-Kang-19
Date December 5, 2008
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The Court, in deciding the motion to preserve the status quo, shall consider the likelihood that the movant will prevail on the merits of the case, whether granting or denying the motion would cause the movant or his opponent irreparable harm, the extent of injury to both parties, as well as the impact to the public interest. That is provided by Article 37, paragraph 3 of the Intellectual Property Case Adjudication Rules. According to the above provision, while the Court considers whether to approve the motion to preserve the status quo, the Court shall consider the likelihood that the movant will prevail on the merits of the case. In order to determine the likelihood that the movant will prevail on the merits of the case, the procedure of trying the motion to preserve the status quo must be similar to the procedure of trying the merits of the case. In other words, the court shall investigate the evidence and hear the statements by the parties; the opponent may also challenge the validity of the patent (see paragraph 4 of the same article). If the Court finds that the movant is not likely to prevail, the motion shall be denied even if the movant is willing to provide security or if the movant has shown the likelihood of irreparable harm.

Related Provision Article 37, Paragraph 3 of the Intellectual Property Case Adjudication Regulation
  • Release Date:2020-11-13
  • Update:2020-12-07
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