法释[2001]20号
(Promulgated by the Supreme People's Court on 7 June 2001 and effective as of 1 July 2001.)
颁布日期：20010607 实施日期：20010701 颁布单位：最高人民法院
The following provisions on several questions concerning the application of law to pre-litigation injunctions to cease patent infringements have been formulated pursuant to the relevant provisions of the PRC, Civil Law General Principles, the PRC, Patent Law (the Patent Law) and the PRC, Civil Procedure Law (the Civil Procedure Law), in order to genuinely protect the lawful rights and interests of patentees and other interested parties.
Article 1 Pursuant to Article 61 of the Patent Law, a patentee or interested party may apply to the people's court for a pre-litigation injunction against the respondent to cease his patent infringement.
Interested parties that may apply include licencees under patent licensing contracts, lawful successors to patent property rights, etc. Among licencees under patent licensing contracts, those under exclusive licensing contracts may independently apply to people's courts whereas those under sole licensing contract may only apply if the patentee does not apply.
Article 2 An application for a pre-litigation injunction to cease a patent infringement shall be submitted to a people's court with jurisdiction over patent infringement cases.
| 相关热词搜索 |
关于关于,于对,对诉,诉前,前停,停止,止侵,侵犯,犯专,专利,利权,权行,行为,为适,适用,用法,法律,律问,问题,题的,的若,若干,干规,规定,定Q,Qu,ue,es,st,ti,io,on,ns,sC,Co,on,nc,ce,er,rn,ni,in,ng,gt,th,he,eA,Ap,pp,pl,li,ic,ca,at,ti,io,on,no,of,fL,La,aw,wt,to,oP,Pr,re,e-,-l,li,it,ti,ig,ga,at,ti,io,on,nI,In,nj,ju,un,nc,c相关信息> 更多 博士英语【点击次数排列】更多>>
