CHINA Law and Practice Contributed by: Chuanhong Long, Ji Liu and Xiao Jin, CCPIT Patent and Trademark Law Office
opinions between parties before the hearing, but do not voluntarily release these documents. When state secrets, commercial secrets and personal privacy are not involved, hearings are open to the public. Parties can request a private hearing if the case involves state secrets, trade secrets or personal privacy. When approved by the court, the hearing will be held in private while the confidential information will be hidden in the judgment. 1.4 Legal Representation in Court The following persons can act as litigation agents: • lawyers; • close relatives or employees of a litigant; and • citizens recommended by the local commu- nity, a litigant’s employer and certain social bodies. In China, lawyers can represent clients in all kinds of litigation. In addition, natural persons can be represented by their close relatives while a com- pany can be represented by its staff members in civil actions. Patent attorneys, as recommended by the All-China Patent Agents Association, can represent clients in IP-related litigation. A foreign lawyer may represent clients of the same nationality in a foreign-related civil case in China but cannot participate in the proceedings as a lawyer. 2. Litigation Funding 2.1 Third-Party Litigation Funding There is no rule on litigation funding by a third party in China. It is generally assumed that the
third-party funding is based on the party’s choice and interest. 2.2 Third-Party Funding: Lawsuits There is no applicable information in this juris- diction. 2.3 Third-Party Funding for Plaintiff and Defendant There is no applicable information in this juris- diction. 2.4 Minimum and Maximum Amounts of Third-Party Funding There is no applicable information in this juris- diction. 2.5 Types of Costs Considered Under Third-Party Funding There is no applicable information in this juris- diction. 2.6 Contingency Fees Contingency fees are permitted in China. According to the Justice Department, Nation- al Development and Reform Commission and State Administration for Market Regulation, con- tingency fees are not allowed in criminal cases, administrative litigations, state compensation cases, class actions, marriage cases, inherit- ance cases, and cases requesting social insur- ance, subsistence allowances, alimony, mainte- nance, pension, relief, worker’s compensation, and labour payments. The bar association holds the opinion that allow- ing contingency fees in these kinds of cases would have a negative impact on professional ethics and social value orientation.
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