Securing Electronic Data Evidence in IP Cases under the New Evidence Provisions
The amendments to the Supreme People’s Court’s Provisions on Evidence in Civil Procedure will come into effect on May 1, 2020 (the “New Evidence Provisions”). This is the first time that the Supreme People’s Court amended this judicial interpretation since it came into effect in 2002. The New Evidence Provisions has 89 amended or new provisions, and one of its significant improvements is the rules of electronic data. With the New Evidence Provisions, in addition to the traditional notarization (e.g. notarized downloads), a litigant will have the following alternatives to secure electronic data evidence in civil proceedings: Print Copy, Timestamp, Blockchain-based Platforms and Online Notarization Platforms. This note will put forward some recommendations on how to secure electronic data evidence as well.