|Intellectual Property Case Adjudication Act Article 22June 4, 2014|
Where no action has been initiated, an application for provisional attachment, preliminary injunction, or injunction maintaining the temporary status quo shall be filed with the court where the action is to be brought; where the action has been initiated, such application shall be filed with the court where the action is pending.
An applicant seeking an injunction maintaining the temporary status quo shall provide a preliminary showing proving it is necessary to prevent material harm or imminent danger or other similar circumstances with regard to the legal relation in dispute. The court shall dismiss the application if the preliminary showing is insufficient.
When the grounds for an application for an injunction maintaining the temporary status quo are demonstrated in the preliminary showing, the court may still order the applicant to provide a bond for granting the injunction.
Before an injunction maintaining the temporary status quo is granted, the court shall accord the parties an opportunity to be heard. However, where the applicant asserts and is able to provide evidence to substantiate his assertion that there is special circumstance that shall restrict the opposing party from being notified before the injunction is issued, and the court deems such assertion appropriate, the above shall not apply.
The court may, upon motion or on its own initiative, revoke an injunction maintaining the temporary status quo where an action is not initiated within 30 days after the order is served to the applicant.
A public notice shall be given of the revocation described in the preceding paragraph, and the revocation shall become effective when the notice is published.
When the court revokes an injunction maintaining the temporary status quo because such order is not justified ab initio, or upon motion by a creditor, or due to the situation prescribed in Paragraph 5, the applicant of the injunction shall indemnify the opposing party against losses suffered.
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