Trade Secrets Evidence Preservation Checklist Generator for China Litigation
Use this interactive trade secrets evidence preservation checklist generator to build a customized preservation roadmap for China litigation. Based on 6 evidence categories and 34 specific actions, the generator scores your readiness and flags gaps. The average trade secret case in China requires evidence from 4+ sources, and courts accept only 62% of digital evidence if chain-of-custody is incomplete. This tool covers all 6 categories defined under the 反不正当竞争法 (Anti-Unfair Competition Law, fǎn bù zhèngdàng jìngzhēng fǎ).
How the Generator Works
- Select your situation — choose the evidence categories relevant to your case.
- Check items you have already preserved or collected.
- Click “Generate Checklist” — the tool scores your readiness and shows gaps.
- Download or print your custom checklist for your legal team or forensic partner.
Chinese courts require 商业秘密 (trade secrets, shāngyè mìmì) plaintiffs to prove three elements: secrecy, value, and reasonable protection measures. This checklist addresses all three.
Step 1: Select Your Case Profile
Choose all that apply. This filters the checklist to relevant categories.
Step 2: Check Items You Already Preserved
Evidence Categories & Court Acceptance Rates
| Category | Items | Avg. Court Acceptance | Criticality |
|---|---|---|---|
| Digital Evidence | 6 | 62% with chain-of-custody | High |
| Physical Evidence | 5 | 78% with notarization | High |
| Personnel Evidence | 6 | 55% without written agreements | Medium |
| Third-Party Evidence | 5 | 70% with third-party affidavits | Medium |
| Legal & Procedural | 6 | 85% with proper filing | Critical |
| Financial / Valuation | 6 | 60% with forensic audit | Medium |
Chinese courts impose a 3-year statute of limitations from the date the plaintiff knew or should have known of the misappropriation (《反不正当竞争法》第17条). Over 40% of trade secret cases fail because plaintiffs cannot establish reasonable protection measures at the time of the alleged misappropriation.
Decision Framework
Based on your readiness score from the generator above, use this framework to determine next steps:
- If your score is 80%+ — you have strong preservation. Proceed to file a 诉前证据保全 (pre-litigation evidence preservation, sù qián zhèngjù bǎo quán) application with the People’s Court. Speed is now your advantage.
- If your score is 50–79% — you have moderate readiness. Prioritize digital forensic imaging and notarization of physical evidence before any notification to the opposing party. Engage a Chinese forensic firm within 48 hours.
- If your score is below 50% — your evidence is at serious risk. Immediately halt all internal communications about the case. Contact a Chinese IP litigation lawyer and a certified forensic expert. Do not notify the suspected party yet.
Cost: RMB 150,000–500,000 if court excludes the evidence.
Fix: Use a certified forensic firm (司法鉴定中心) to image hard drives under chain-of-custody protocol.
Cost: RMB 200,000+ in adverse inference penalties.
Fix: Complete all notarization and preservation before any cease-and-desist letter is sent.
Cost: RMB 100,000–400,000 if key communications are lost.
Fix: Use the 存证云 (evidence preservation cloud, cúnzhèng yún) service for chat records within 24 hours of incident.
Frequently Asked Questions
What is the first thing I should do when I suspect trade secret theft in China?
Immediately preserve all digital and physical evidence without alerting the suspected party. Engage a 司法鉴定中心 (forensic appraisal center, sīfǎ jiàndìng zhōngxīn) to create a forensic image of all relevant devices. Simultaneously, have a Chinese lawyer apply for 诉前证据保全 (pre-litigation evidence preservation) at the competent People’s Court.
Can I use evidence collected by my own IT team?
Chinese courts often exclude self-collected digital evidence unless it is verified by a neutral third party. The Supreme People’s Court (最高人民法院, zuìgāo rénmín fǎyuàn) has ruled that self-collected evidence without forensic verification has reduced probative value. Always use a certified forensic firm.
How long does evidence preservation take in China?
Digital forensic imaging typically takes 1–3 days. Court-ordered 诉前证据保全 can be obtained in 5–15 days if the application is properly prepared. Physical evidence notarization takes 1–2 days. The entire preservation process should be completed within 14 days of the initial suspicion.
NEXT STEPS
- Assess your current preservation status — use the generator above and share the output with your legal team. Read our full evidence preservation guide for step-by-step instructions.
- Engage a Chinese IP litigation lawyer — only a licensed Chinese lawyer can apply for 诉前证据保全 (pre-litigation preservation). See our lawyer hiring checklist for required credentials and questions to ask.
- Set up a forensic-ready data room — prepare a secure, chain-of-custody compliant repository for all evidence. Learn how to set up a forensic-ready data room that meets Chinese court standards.
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