The people's court making the ruling to order the party against whom an application is filed to stop the relevant infringing act before instituting legal proceedings shall promptly notify the party against whom an application is filed, or do so within no more than 5 days at the latest.
Article 16 When executing the pre-litigation measure to stop the act of patent infringement, the people's court may, according to the application of the interested party, simultaneously preserve the evidence in light of the provision of Article 74 of the Civil Procedure Law.
Article 3 If a party concerned is dissatisfied with the Patent Review Committee's review decision made after July 1, 2001 on the application for revoking a patent right of utility model or design and files a lawsuit to the people's court, the people's court shall not accept the case.
If an agreement is reached through mediation, the parties concerned shall implement it; if no agreement is reached, the intellectual property rights holder or interested party may complain to the intellectual property administrative department or directly bring a suit to the people's court.
If the seller of a patent right infringing product is a branch of the manufacturer and the plaintiff files a lawsuit against the manufacturer's act of manufacture and the seller's act of selling, then the case shall come under the jurisdiction of the people's court in the place where the said product is sold.
Article 25 Regarding cases of patent right infringement accepted and tried by the people's court, if the administrative authorities for patent affairs have ruled that the patent right has been or not been infringed on, the people's court shall still proceed with the full-scale investigation of the request for trial put forward the party concerned.
Article 20 When trying cases involving domestic violence, the people's courts may, based on such evidence as police records, caution letters and injury identification opinions of public security organs, find the facts of domestic violence.
Article 186 A liquidation group shall, after liquidating the assets of the company and producing a balance sheet and schedule of assets, draft a liquidation plan and present it to the board of shareholders or the general meeting or to the people's court for confirmation.
Article 189 After the liquidation of a company is completed, the liquidation team shall prepare a liquidation report and submit the report to the shareholders assembly, the shareholders general assembly or the people's court for confirmation, and shall submit it to the company registration authority in order to apply for cancellation of the registration of the company and shall announce termination of the company.
If the administrative authorities for patent affairs did not impose any punishment, the people's court may impose civil punitive measures according to the provision of Paragraph 3 of Article 134 of the General Rule of Civil Law, and the amount of the applicable civil fine may be determined according to the provision of Article 58 of the Patent Law.
When the people's court determines the scope of the guaranty, it shall take account of the sales of the product in question and the reasonable costs of storage and stock-keeping; the losses that may be caused by stopping the relevant act of the party against whom an application is filed; and other reasonable costs, such as wages or salaries and any other factors involved.
Article 4 If a party concerned is dissatisfied with the Patent Review Committee's review decision made after July 1, 2001 to maintain the rejection of the application for a patent right of utility model or design and files a lawsuit to the people's court, the people's court shall accept the case.
Article 188 On completion of any company liquidation, the liquidation group shall draft a liquidation report and submit it to the board of shareholders or the general meeting or to the people's court for confirmation, and shall submit it to the company registration authority to apply for the cancellation of the registration of the company.
Article 12 If the people's court decides to suspend the trial, or if the patentee or other interested parties request the court to order the defendant to stop a relevant act or take other measures to prevent the damage of infringement from expanding and have provided a security, the people's court may, after examining the case and finding that the said request conforms to the relevant legal regulations, make other relevant rulings at the same time of deciding to suspend the trial.
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