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China Innovates with “Partial Judgment + Interim Injunction” in Patent Infringement - China Legal News

Sun, 24 Jan 2021
Categories: China Legal Trends

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The case of Shenzhen Dji Technology Co., Ltd. (2020) tried by Shenzhen IP court marks the first case in China where a “partial judgment with interim injunction" was handed down.

In November 2020, in the case relating to design patent infringement of Shenzhen Dji Technology Co., Ltd. v. Beijing Feimi Technology Co., Ltd. and Beyondsky (Shenzhen) Co., Ltd., the Shenzhen Intellectual Property Court (the Court) introduced the mode of “advanced judgment with interim injunction" where the right holder applied for an interim injunction. The Court handed down a advance partial judgment to stop the patent infringement subject to the facts that have been ascertained. The Court issued an interim injunction to promptly stop patent infringement where the first-instance judgment has not yet come into force and has not been enforceable. This is also the first time in China that the mode of “advanced judgment with interim injunction" was adopted in patent cases.

Contributors: Yanru Chen 陈彦茹

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