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

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(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 or applying for arbitration, apply for evidence preservation to the People’s Court at the place where the evidence is located or at the place of domicile of the respondent or the People’s Court having jurisdiction over the case.

Please note that the procedures for evidence preservation shall be executed by referring to procedures for property preservation.

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