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How to apply for order to stop infringing patents

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How to apply for order to stop infringing patents


        

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  • 2024-06-05 15:01:39

    To apply for an order to stop infringing a patent, if the transferee has evidence to prove that another person has infringed, and if it does not stop the infringement in time, it will suffer irreparable damage, it may apply to the people's court for an order to stop the infringement, or request the local filing administration department to handle it.

    [Legal Basis]

    Article 6 of the Measures for the Administration of the Filing of Patent Licensing Contracts states that the transferee of a patent licensing contract that has already been filed has evidence to prove that another person is committing or will commit an act of infringement of its patent right, and if it is not stopped in time, it will cause irreparable damage to its legitimate rights and interests, An application may be filed with the people's court to order the respondent to stop the infringement of patent right before the action.

    The transferee of a contract for licensing the exploitation of an exclusive patent may file a separate application with the people's court according to law; The transferee of an exclusive patent licensing contract may file an application if the patentee does not apply.

    The transferee of a filed patent contract may also request the local filing administration department to deal with the ongoing or already occurred patent infringement in accordance with Article 57 of the Patent Law.

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