Evidentiary Standards for Trade Secret Misappropriation in Labor Arbitration
PRC labor arbitration requires employers to prove contractual breach, asset confidentiality, and exact damages without statutory burden shifting.
Behavioral Injunction Article 103
Meaning
A judicial order designed to prevent a party from performing or failing to perform specific actions during legal disputes provides emergency protection for intellectual property and trade secrets in Chinese civil litigation. Under Chinese civil procedure, behavioral injunction article 103 governs this mechanism, allowing people’s courts to grant preservation measures before or during litigation. The applicant must demonstrate that irreparable damage would occur without this immediate restriction.
Statutory Threshold
A clear showing of immediate necessity represents the primary legal benchmark for obtaining emergency relief from a court. For behavioral injunction article 103 to apply, the petitioning party must present evidence of ongoing or imminent infringement that cannot be compensated by monetary damages alone. This requirement ensures that courts do not disrupt active business operations without substantial justification.
Security or a counter-guarantee is typically required from the applicant to cover potential losses if the petition is later found to be groundless. This security must equal the potential loss caused by the suspension of activities.
Enforcement Mechanism
A formal ruling by the people’s court mandates immediate compliance by the respondent regardless of whether an appeal is filed. Failure to adhere to the directives issued under behavioral injunction article 103 triggers administrative fines, detention of responsible executives, or criminal liability for refusing to execute a court order. This enforcement power makes the tool effective for halting unauthorised use of proprietary software or assembly designs in a manufacturing environment.
Operational Limit
The duration of a behavior preservation order remains strictly bounded by the timeline of the underlying litigation. Once the court reaches a final judgment, the temporary constraints of behavioral injunction article 103 dissolve or are replaced by permanent relief. Foreign enterprises must evaluate these limits, as the required deposits remain high.