The losing party requesting a preliminary injunction shall take liability
马宁
【全文】
On April 21, 2009, the Supreme People’s Court of China (“SPC”) issued an official report nominating ten typical intellectual property cases adjudicated by various levels courts in 2008. One of the cases addressed concerned damages compensation as a result of a wrongfully issued preliminary injunction (“PI”). SPC commented that it agreed with the second instance court’s holding that where one party wrongfully requested a PI, the suffered party should be properly compensated by the requesting party. SPC further commented that this case is positive to prevent misuse of patent rights and navigate right holders to evaluate legal risks prior to requesting a PI. Given there are few judicial cases contemplating compensation of the suffered party resulting from a wrongfully issued PI in the past, the Case will be deemed as a landmark toward rationally requesting a PI by right holders in the future.
