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Supreme Court Issues Rules on Evidence in IP Litigation - China Legal News

Sat, 28 Nov 2020
Categories: China Legal News

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On 16 Nov., the Supreme People's Court promulgated the Several Provisions on Evidence in Civil Litigation of Intellectual Property Rights (the Provisions, 关于知识产权民事诉讼证据的若干规定), which will enter into force on 18 Nov. 2020.

The Provisions specify that for the following evidence formed outside the territory of the People's Republic of China, where the party concerned raises an objection only on the ground that such evidence has not been notarized or authenticated, the people's court shall not support such objection:

(1) the evidence which has been confirmed by the binding judgment rendered by a people’s court;

(2) the evidence which has been confirmed by the binding arbitral award granted by an arbitration institution;

(3) public publications, patent documents, etc. which may be obtained from official or public channels;

(4) other evidence which may prove the authenticity.

 

 

Contributors: Yanru Chen 陈彦茹

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