What is TRO?
The full name of TRO is Temporary Restraining Order, which means temporary ban. A temporary injunction is a court order issued in an emergency situation, requiring the parties to maintain the status quo or prohibit certain actions, in order to prevent the plaintiff's rights from being immediately and irreparably damaged, before the court hears the plaintiff's request for a temporary injunction.
What are the characteristics of TRO?
1. TRO is a writ issued by the court based on the unilateral request of one party without hearing the other party's opinion. From the perspective of equity, relatively high requirements are put forward for the significance of the infringement, the irreparable losses caused by the infringement, and the urgency of issuing an injunction.
2. Unless there are extremely special circumstances, the validity period of TRO is no longer than 14 days from the date of its effectiveness. During this period, the court will, upon the plaintiff's application, require the defendant to explain the reasons for not issuing a preliminary injunction. If the defendant does not defend or does not defend sufficiently, the court has the power to directly issue a temporary injunction and decide whether to issue a permanent injunction after a trial.
3. A written response to the plaintiff is the formal way for the defendant to apply to the court to revoke the TRO.
4. The applicant must provide corresponding security, and the specific amount shall be determined by the court according to the circumstances of the case.
Conditions for the court to issue a TRO:
1. The plaintiff provides sufficient evidence to prove that the plaintiff is likely to win the case.
2. The applicant faces irreparable damage.
3. The damage caused to the defendant by issuing an injunction is far less than the damage caused to the plaintiff by not issuing an injunction.
4. The defendant’s actions are detrimental to the public interest (most of the merchant’s products are counterfeit).
This is the end of the introduction to TRO in this issue. If you want to get more information about TRO, please pay attention and we will continue to answer your questions~
