Q & A on Patent Litigation in China (Part III – Injunction and Preservation of Evidence)

(Author: Mr. Daniel Jiang and Ms. Minjie Liu; Source: China Sinda)

1. Can I ask the court to rule to preserve evidence?

Yes. According to Article 81 of the Civil Procedure Law, where any evidence may be extinguished or be hard to obtain at a later time:

- a party may, in the course of an action, apply to the People’s Court for evidence preservation, and the People’s Court may also take preservation measures on its own initiative; or

- if the circumstances are urgent, an interested party may, before instituting an action . . .

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