Notarized Evidence

Legal Status

Under the Civil Procedure Law of the People’s Republic of China, facts certified by a notary are accepted as true unless refuted by contrary proof. This high evidentiary standing makes notarization the preferred method for preserving volatile data, such as online infringement, website content, and warehouse inventory counts. The notary public must personally witness the collection or preservation process, documenting the action with official seals and protocols.

This process ensures that the opposing party cannot easily challenge the integrity or chain of custody of the presented documents.

Industrial Application

In trade secret and patent disputes, multinational manufacturers use notarized evidence to secure proof of infringement at retail locations or factories. A notary accompanies the investigator to purchase the suspected product, documenting the transaction and sealing the item in a secure package. This sealed package is then presented to the court as untampered proof of the commercial sale.

Administrative agencies, including the State Administration for Market Regulation, also rely heavily on these notarized records when executing raids and seizing counterfeit production machinery.

Procedural Challenge

While the certification creates a strong presumption, it remains vulnerable to procedural challenges if the notary failed to follow strict operational guidelines. Opposing counsel may invalidate the document by proving that the notary acted outside their territorial jurisdiction or failed to verify the identity of the participants. Additionally, if the technical setup used to capture digital evidence was compromised or poorly documented, the court may refuse to accept the certification.

Litigants must therefore ensure that the notary strictly adheres to the national notarization guidelines during the preservation process.