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Q138. Injunction

Q138. Injunction
 What is required to grant an injunction against infringement of a patent?

A138. A patentee can require a person who is infringing or is likely to infringe their patent to stop or prevent such infringement under the Patent Law Art. 100. A patentee can seek an injunctive order even if he/she is not carrying out the patented invention. No willfulness or negligence is required to grant an injunction. Nevertheless, the likelihood of infringement needs to be proved objectively clear.
 At the same time, a patentee can also demand measures necessary for the prevention of such infringement including disposal of infringing products and removal of facilities used for the infringement.