1) What conditions must be met for the application of interim measures in China?
Different conditions should be met when applying for different interim measures.
1. If failure to take immediate preservation measures would result in irreparable harm to a party's rights, the party may apply to the Court for pre-litigation property preservation.
2. IP right owners or other interested parties, upon presenting evidence of ongoing or imminent infringement of their rights, and if not promptly halted could cause irreparable harm to their lawful interests, may legally seek preliminary injunctions and property preservation orders from the Court prior to litigation.
3. In cases where a party's actions or other factors may impede the enforcement of a judgment or cause harm to another party, the other party may apply to the Court for intra-litigation property preservation.
4. In cases where evidence is at risk of destruction or future unavailability, a party may apply to the Court for intra-litigation evidence preservation during litigation
2) What types of interim measures can be applied by Chinese courts?
1. Pte-litigation property preservation;
2. Pte-litigation injunction for IP right infringement;
3. Intra-litigation property preservation;
4. Intra-litigation evidence preservation;
5. Maritime injunction.
3) What documents and evidence are required to file a motion for interim measures?
Application detailing the necessity, valid identification of parties, preliminary supporting evidence, and security.
The foreign applicant's identification documents should be notarized and apostilled (or legalized).
4) How long do interim measures last in China?
The duration of a court's freeze on bank deposits shall not exceed one year, the seizure or attachment of movable property shall not exceed two years, and the seizure of immovable property or freezing of other property rights shall not exceed three years.
Typically the interim measures need to last until the trial concludes or are deemed unnecessary. The party may apply for renewal of the interim measures when the time limit expires.
5) Can interim measures be appealed in China?
A party may request the reconsideration to the higher-level court rather than an appeal. Reconsideration places emphasis on examining whether there were serious illegal issues when the adjudication on the interim measures was made, such as missing important points, incorrect application of laws, or breaching procedural laws.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
