Source: Key points of case judgment from "Gazette of the PRC Supreme People's Court" Volume 2022

Judgment Opinions Summary:

1- With regard tothe application for preservation of acts with the nature of "injunction", the people's court shall review it in accordance with the provisions of Article 100 of the Civil Procedure Law and Article 7 of the Provisions of the Supreme People's Court on Several Issues Concerning the Review of the Applicable Law in the Preservation of Acts of Intellectual Property Disputes, focusing on whether the respondent's prosecution in an extraterritorial court or application for enforcement of the judgment of an extraterritorial court will have a material impact on the hearing and enforcement of Chinese litigation Whether the adoption of action preservation measures conforms to the principle of international comity and other factors. With regard to whether the respondent's prosecution in an extraterritorial court or application for enforcement of the judgment of an extraterritorial court will have a material impact on the hearing and enforcement of Chinese litigation, we can consider whether the parties to the Chinese and foreign litigation are basically the same, whether the trial objects are overlapping, and whether the effect of the respondent's extraterritorial actions will interfere with Chinese litigation. With regard to the principle of international comity, we can consider the time of acceptance of the case, the appropriateness of the jurisdiction of the case, and the appropriateness of the impact on the trial and adjudication of foreign courts.

2- The behavior preservation measures that prohibit the respondentfrom performing certain acts have special characteristics. If the respondent refuses to comply with the obligation of omission determined by the behavior preservation ruling and illegally implements the act of changing the original state, then its intentional illegal act constitutes a continuous violation of the behavior preservation ruling and a continuous change of the original state, which should be deemed as its daily illegal act, A daily fine may be imposed as appropriate and accumulated on a daily basis