Research On The Issue Of Intellectual Property Infringement Litigation To Collect Evidence

In intellectual property infringement litigation, the parties whether the application of the evidence adequate, comprehensive, accurate, and directly related to the judge finds facts of the case and, ultimately, the final determination of such amount of damages.Therefore, the use of evidence in the importance of intellectual property infringement action is self-evident.Evidence of the use of intellectual property infringement litigation including parties to gather evidence, the court cross-examination of evidence and court certified the effectiveness of evidence, evidence for use of the whole process is the premise of evidence of the parties to gather,however, because the special nature of intellectual property rights, intellectual property infringement litigation in the collection of evidence has its unique position, its concealment, easy to damage, instability, and professional and so greatly increased the difficulty of the parties to gather evidence. To solve the problem of The parties to gather evidence is to ensure the smooth conduct of the use of key evidence, but also on the basis of to determine infringement findings of fact, in view of this, the paper tries to do one of intellectual property infringement issues related to gathering evidence in the hope of intellectual property through research and analysis to tort litigation problems in the collection of evidence provide useful comments and suggestions!This article is divided into three parts of the country to collect evidence of infringement of intellectual property issue was discussed.The first part is an overview of intellectual property infringement litigation to collect evidence, mainly discuss intellectual property rights infringement and evidence collection features and the importance of evidence collection.As the object of intellectual property rights of invisibility, so its evidence of infringement of evidence than other tort has its own specialty, there are evidence of concealment, easy to destroy, and strong professional and specific, for the special nature of the evidence, evidence collection methods used have the focus.The second part of the legislative and practical aspects of the collection of evidence of infringement of intellectual property status of the assessment,now our country have no specific evidence law and specific intellectual property law, so evidence of infringement on intellectual property provisions of scattered collection with a variety of procedural and substantive law. This section also collecting evidence of infringement of intellectual property rights shortcomings in legislation and practice of evidence-gathering a brief overview of the problem, analyzes the pitfalls of intellectual property litigation discovery.The third part is about of improving the collection of evidence of infringement of intellectual property rights put forward specific ideas. Improve the collection of evidence that the system must first protect the rights of the parties to gather evidence, mainly collected in the survey parties from the complete rights and obligations of holders of evidence of proof to protect the third person;other intellectual property rights of our existing ways to improve the collection of evidence, mainly explanation from the obligation of judges to enhance and improve the preservation of evidence, notarization identification evidence and the rational use of technology, and to improve the current situation of intellectual property infringement litigation to collect evidence.