[Direct answer]Yes. If the patentee or interested party has evidence to prove that others are committing or about to commit acts of infringement of patent rights, and if failure to stop them in time will cause irreparable damage to their legitimate rights and interests, they have the right to apply to the people's court for measures to order the cessation of relevant acts before suing, namely the "preliminary injunction" (preservation of acts). According to Article 72 of the Patent Law of the People's Republic of China, the applicant shall provide a guarantee, and the court shall make a ruling in a timely manner after accepting the application; according to the provisions of the Civil Procedure Law on the preservation of acts, it is also necessary to prove that the situation is urgent, the possibility of infringement is high, and failure to stop it will cause irreparable damage. If the applicant's erroneous application causes losses to the respondent, the applicant shall compensate for them. It is recommended to fix the urgent evidence of infringement in advance and prepare the guarantee. For more details, please refer to the following link:Intellectual property protection and corporate legal services.

1. Problem background and typical scenarios

Pre-litigation infringement stop (preliminary injunction) is increasingly being used in patent protection. Typical scenarios include: discovering counterfeit products about to be sold on a large scale at an exhibition, urgently needing to stop them first; competitors listing products before major e-commerce promotions, missing the market window while waiting for lengthy litigation; the defendant continuing to produce, causing the rights holder's losses to expand and ordinary compensation being insufficient to make up for them; and seasonal and time-sensitive products being quickly copied. Many rights holders mistakenly believe that they can only "file a lawsuit first and wait patiently". In fact, when the urgency and likelihood of winning the lawsuit are met, an injunction can be used to freeze the infringing behavior first. For disputes over related market behaviors, it can be combined with other legal remedies.Business and contract dispute services for enterprisesAnalysis and judgment.

II. Key points of contention

There are three key points of contention regarding pre-litigation injunctions. Firstly, urgency and irreparable harm: the applicant must prove that failure to take immediate action would result in losses that cannot be compensated financially, such as the permanent loss of market share or the missed opportunity of a seasonal window. Secondly, likelihood of success: the court will initially review the stability of the patent rights and whether the alleged infringement is established. A claim with defective rights is unlikely to gain support. Thirdly, guarantees and liability for erroneous applications: the applicant must provide guarantees, and those who file erroneous applications and cause losses to the respondent must compensate, which balances the interests of both parties. For cross-border and platform delisting cases, reference can be made to the relevant provisions.Special services and other case servicesEvaluate the path.

III. Professional analysis by Hengluo Lawyers

In intellectual property practice, both injunctions and defenses of compensation test the ability to organize evidence. As can be seen from a trademark infringement and unfair competition case handled by our firm: Plaintiff A Company is a well-known paper industry company. Its "EFGH" trademark was once recognized as a well-known trademark on Category 5 sanitary napkins; Defendant B Company was authorized by a third party to use the "EFGK" registered trademark and design patent in September 2023, and produced and sold "EFGK" sanitary napkins, which were sold on C Company's e-commerce platform. A Company sued in April 2024, alleging imitation of a well-known trademark and confusion over packaging and decoration, and claimed 98,000 yuan in compensation. Defendant B Company entrusted Beijing Henglu Law Firm to handle the case.Liu YuanyuanThe lawyer (practice license number: 11101202011201094, subject to the document issued by the judicial administrative organ) acted as the agent and raised defenses such as the mark having legal authorization, not being similar to the well-known trademark, and the packaging and decoration having a patent basis, as well as the high compensation being unfounded. The court partially accepted these defenses, finding trademark infringement but rejecting unfair competition, and awarded compensation of 60,000 yuan for economic losses and reasonable expenses, a total of 60,000 yuan, which was 920,000 yuan lower than the original claim of 98,000 yuan. Although this case was a trademark dispute, it also provides an important lesson: accurately grasping the infringement circumstances and the rights basis is the key to determining the severity of liability; in the context of injunctions, it is necessary to prepare evidence of the stability and urgency of rights in advance. For cases involving patent layouts, it is possible to integrate intellectual property protection with corporate legal services to ensure comprehensive protection.

IV. Practical suggestions and legal basis

The legal basis is Article 72 (Injunctions to Stop Infringement Before Litigation) of the Patent Law of the People's Republic of China (amended in 2020 and implemented on June 1, 2021); the provisions on protective measures against infringement in the Civil Procedure Law of the People's Republic of China (amended in 2021 and implemented on January 1, 2022); and the "Provisions of the Supreme People's Court on the Application of Law in Reviewing Cases of Protective Measures against Infringement in Intellectual Property Disputes". Practical suggestions: 1. Immediately fix evidence of urgent infringement (e.g., notarized purchases, evidence collection at exhibitions, sales data). 2. Entrust a lawyer to assess the stability of rights and the likelihood of winning the case. 3. Prepare sufficient guarantees. 4. Apply for protective measures against infringement in a timely manner before suing or during litigation. 5. Simultaneously proceed with substantive litigation and claims for compensation. 6. In cases involving enforcement, relevant measures can be combined with those mentioned above.Creditor-debtor relations and enforcement case servicesAdvance.

5. Henglu Law Firm's Reminder

A pre-litigation injunction is a "quick weapon" but not free of cost: it requires providing a guarantee and compensation for wrongful applications. Applicants should ensure that their rights are stable, the infringement is clear, and the situation is urgent, and they should prepare guarantees and evidence of imminent damage. If the respondent believes that there is no infringement or that the rights are not stable, they can submit counter-evidence and request the lifting of the preservation order. The injunction is only a temporary measure, and the substantive conclusion still awaits litigation. It is recommended that both parties approach the matter rationally and consult professional lawyers as soon as possible to assess the risks and costs. To learn more, please return to the homepage.Beijing Hengluo Law FirmRelated practices.

VI. Frequently Asked Questions

Q1: If I (the rights holder) apply for a pre-litigation injunction, am I guaranteed to obtain it?

It's not a case of "application leads to approval". The court will conduct a substantive review in three aspects: the stability of rights (whether the patent is valid and free from defects), the possibility of infringement (whether the alleged infringing acts fall within the scope of protection), and the urgency and irreparable harm (whether the failure to stop the infringement will cause losses that cannot be compensated financially). Only when all three conditions are met will the court grant approval, and a guarantee is usually required. If there is a risk of instability in the patent rights, doubts about the determination of infringement, or the inability to prove urgency, the application may be rejected. It is recommended that you first have a lawyer conduct an assessment of rights and infringement, then decide whether to apply, and never believe in unrealistic promises of "guaranteed victory".

Q2: What evidence and materials are needed to apply for a pre-litigation injunction to stop infringement?

The core materials include: the patent certificate and annual fee receipts (to prove the validity of the rights); evidence proving that the infringement is currently occurring or about to occur (notarized purchases, exhibition photos, product listing links, sales data); materials proving the urgency and irreparable damage (analysis of market share loss, explanation of seasonal windows); proof of the secured property; and a power of attorney. The organization of evidence should focus on the four points of "stable rights - clear infringement - urgent situation - irreparable damage". The more solid the materials are, the higher the probability of the ruling being granted; the respondent should prepare counter-evidence proving non-infringement or unstable rights.

Q3: How much does it cost to apply for a pre-litigation injunction, including the guarantee?

The application fee itself is relatively low according to the standards for non-property cases, but the real cost lies in the guarantee: the court usually requires applicants to provide a guarantee equivalent to the losses the respondent may suffer due to the preservation, which can be in the form of cash, a guarantee letter, or a deposit, with a relatively large amount. In addition, there are attorney's fees and notarization and evidence collection fees. If the applicant's erroneous application causes losses to the respondent, the applicant must compensate for them, and the guarantee will be used for this purpose. It is recommended to consult a lawyer before applying to estimate the guarantee amount and potential risks, and to weigh the benefits of the injunction against the possible liability for compensation to avoid blindly applying and amplifying risks.

Q4: How long does it usually take from the application to the court's ruling?

According to the relevant judicial interpretations, the court handling intellectual property preservation measures should review the application promptly after accepting it, and make a ruling within 48 hours if the situation is urgent. Pre-litigation injunctions are generally filed before or simultaneously with the lawsuit, and the respondent may be ordered to stop the relevant acts before the ruling is made. However, in practice, it often takes several days or weeks from evidence collection and guarantee preparation to the issuance of the ruling, and even longer for complex cases. After the ruling, the applicant should file a lawsuit within the statutory period (usually within 30 days), and the preservation measures will be lifted if the deadline is exceeded. Overall, urgent cases can obtain the ruling relatively quickly, but the preliminary evidence collection and guarantee procedures cannot be omitted.

Q5: I want to apply for a pre-litigation injunction to stop infringement. What should I do specifically in the first step?

There are four steps recommended: Firstly, immediately secure urgent evidence of infringement by purchasing it through notarization, collecting evidence from websites and exhibitions, and solidifying the fact that the infringement is "currently being implemented or about to be implemented". Secondly, entrust a lawyer to verify the stability of the patent and compare it with the infringement, evaluate the likelihood of winning the lawsuit, and confirm that there are no major flaws in the rights. Thirdly, prepare sufficient guarantees (cash, letters of guarantee, or deposits) and a description of the irreparable damage. Fourthly, submit an application for provisional measures to the court with jurisdiction and simultaneously prepare for substantive litigation, noting that the lawsuit must be filed within 30 days after the ruling. Throughout the process, keep communication records and consult professional lawyers for assistance as soon as possible.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence, to avoid missing the statutory time limit. →Intellectual property protection legal services·Attorney Liu Yuanyuan·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.