The defendants argued two-fold circumstances: (i) complying with the production order may violate Chinese export control regulations, while (ii) non-compliance with the production order would trigger penalties. The Court accepted, on a prima facie basis, these consequences and extended the time limit to comply with the production order.
GermanyIntellectual Property
1. Key takeaways
Irreversible foreign regulatory consequences can justify suspensive effect
The defendants argued two-fold circumstances: (i) complying with the production order may violate Chinese export control regulations, while (ii) non-compliance with the production order would trigger penalties. The Court accepted, on a prima facie basis, these consequences and extended the time limit to comply with the production order.
The Court rejected the claimant’s argument that the defendants should have proactively initiated export authorization procedures in anticipation of an adverse ruling, holding that a party’s decision to await the judicial outcome was not unreasonable given the costs involved.
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