Under certain circumstances article 61 of the Patent Law of the People's Republic of China grants a right to apply for stopping the infringement. However, it can only be stopped under certain circumstances. According to art. 61 of the Patent Law the circumstances are as follows: 1. The patentee must have evidence that his/her rights are being infringed or that there is an imminent danger of such infringement. 2. Delay to stop the infringement will cause irreparable harm to the patentee.
In June of 2001 Provisions were promulgated concerning stopping an infringement before instituting legal proceedings, which give more detail to the process that should be followed.
