10 Typical Cases of IPR Protection —— Case Example 10

Applying Pre-litigation Injunction Measures to IPR Infringements
To Improve the Timeliness and Convenience of IPR Protection
——Applicant T Music Company, T Company v. Respondent W Company, W Music Company, Hangzhou D Company and others over dispute for pre-litigation act preservation

[Case Summary]
The applicant, T Music Company and T Company, filed to the court for pre-litigation act preservation, and requested the ruling of the respondent W Company, W Music Company, and HangzhouD Company to immediately stop distributing 9 songs authorized by T Music Company and T Company through the W music website, music PC terminal, mobile client, and IPAD client. The applicant submitted evidence to the court proving their rights and that they were suffering infringement damage, etc., and provided effective guarantees.
[Ruling Results]
The court held that the purpose of pre-litigation act preservation is to stop tort in a timely, efficient and effective manner. In this case, the applicant has proved that they hold the right to network dissemination of information of the 9 songs involved in the case, and the respondent is infringing through online music platform. Based on the rapidity of online communication, if the above-mentioned infringements are not prohibited in a timely manner, the legal rights and interests of the applicant will be irreparably damaged. Therefore, the respondent was ruled to stop the above infringement immediately.
[Significance]
The pre-litigation act preservation, also known as the pre-litigation injunction, is characterized by the timely, quick and effective prevention of infringement before prosecution, which is often regarded as the most effective remedy for protecting IPR. The following factors were considered in the review process of pre-litigation act preservation in this case: the basis of the rights claimed by the applicant; the possibility of the applicant winning; whether it is urgent, and whether failure to take immediate measures may cause the legal rights of the applicant to suffer from irreparable damage; damage balance; whether the ruling to stop infringement harms the public interest , etc. Based on the rapidity of online communication and the operating characteristics of the online music platform, if the pre-suit injunction is not taken immediately, the legal rights and interests of the applicant will be quickly jeopardized, and the competitive advantage obtained by the respondent's improper use of the rights of others will be further increased, and the lawful rights and interests of people will be irreparably damaged, therefore prohibiting actions should be according to law. The case takes the advantage of the temporary measures system, which improves the timeliness and convenience of  judicial remedies for IPR, fully reflecting the effect of implementing the most stringent IPR protection system, and effectively enhancing the sense of gain of IPR holders.