The case of execution represented by Saelink became the inaugural instance of the country's first performance bond system


In two design patent infringement disputes between Y Company and T Company, after a civil judgment found Y guilty of infringement and awarded compensation to T Company for economic losses, Saelink successfully invalidated two patents involved in the case at the State Intellectual Property Office on behalf of Y Company. T Company was dissatisfied and filed an administrative lawsuit.


During this process, T Company applied for execution to Beijing No. 1 Intermediate People's Court based on the judgment of the infringement case. On behalf of Y Company, Saelink argued that both patents had already been declared invalid. Although the invalidation decision had not yet come into force, due to Y Company being a listed company and potential negative impacts on its normal business activities caused by prolonged suspension of the case, an application for suspension of execution was submitted.


Ultimately, Beijing No. 1 Intermediate People's Court innovatively applied legal measures by introducing a performance bond mechanism. Upon payment of the corresponding performance bond by Y Company, no coercive or restrictive measures were taken against them as they closed the case first under this arrangement. Additionally, Saelink also applied to obtain a "Credit Repair Certificate" from court which ensured that Y Company's business credit remained unaffected.


This groundbreaking execution case marked Beijing No. 1 Intermediate People's Court as pioneers in implementing nationwide performance deposit systems and was reported by official public account of Beijing High People's Court (https://mp.weixin.qq.com/s/EluR4kkyA7Tzb3blGXZPbA). By effectively resolving execution issues faced by parties involved in civil patent infringement cases where patents are declared invalid post-execution proceedings; it successfully safeguarded enterprises legitimate rights and interests of enterprises, and provided a solid judicial guarantee for improving the business environment.