CHINA Law and Practice Contributed by: Chuanhong Long, Ji Liu and Xiao Jin, CCPIT Patent and Trademark Law Office
5.5 Legal Privilege China does not recognise the concept of legal privilege, such as attorney-client privilege. In practice, cases involving state secrets, trade secrets or personal privacy are not open to the public. The court may order the parties to submit confi- dential information to ascertain the facts. In this scenario, the attorney of the opposite party is allowed to access the information under a non- disclosure agreement. That is, the attorney is allowed to cross-examine the information but is not allowed to reveal the secrets to their client. 5.6 Rules Disallowing Disclosure of a Document There is no applicable information in this juris- diction. 6. Injunctive Relief 6.1 Circumstances of Injunctive Relief In China, injunctive relief can be awarded as an interim measure or in a permanent form. Regard- ing interim injunctions, see 4.1 Interim Applica- tions/Motions . Permanent injunctions are court orders prohibit- ing a party from engaging in a specific activity. They are common in tort and intellectual prop- erty law. When a tortious act endangers the per- sonal or property safety of others, the injured party may seek a permanent injunction to stop the infringement, remove the obstruction, or eliminate the danger. Permanent injunctions are almost always awarded in cases of intellectual property infringement. Chinese courts can issue injunctions to prevent parallel proceedings in another jurisdiction.
These injunctions are mainly issued in maritime and SEP (standard essential patent) cases. Like other jurisdictions, the purpose of these injunc- tions is to prevent unnecessary parallel litiga- tion between the same parties and ensure fair litigation in China. Chinese courts are generally cautious about issuing this type of injunction. 6.2 Arrangements for Obtaining Urgent Injunctive Relief A court must issue a ruling within 48 hours of accepting an application for a preliminary injunc- tion, the preservation of evidence or property. Once injunctive relief is granted, it should be executed immediately. 6.3 Availability of Injunctive Relief on an Ex Parte Basis If the court issues an injunction, the respondent may request a reconsideration. The injunction remains in effect during the reconsideration. The court’s decision on the injunction is not appeal- able. 6.4 Liability for Damages for the Applicant Where an application for interim measures is successful, but is subsequently found to be unjustified or erroneous, the applicant must compensate the respondent for any losses incurred. 6.5 Respondent’s Worldwide Assets and Injunctive Relief Injunctive relief can be granted against the worldwide assets of the respondent. The injunc- tion against a foreign asset must be filed by the party to a dispute. When the injunction is granted, the foreign assets will be kept under supervision of a third- party authority. In practice, the foreign assets
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