The Research Of Evidence Prese Intellectual Property Right

In civil litigation,evidence is the key to litigation.In intellectual property litigation,As the intangible nature of intellectual property rights lead to intellectual property evidence is not only concealment also has the technical and destructive,it is so difficule to get evidence,The preservation of evidence beforehand is an important way to obtain evidence.And play an important role in fixing evidence and balancing the interests of both parties."Civil Procedure Law" and the intellectual property rights of the law are provided for evidence preservation system,Based on the features of intellectual property rights,the intellectual property special law for the pre-litigation evidence preservation procedures to start the conditions relative to the provisions of the Civil Procedure Law is more relaxed.But for the specific application of the provisions of the more vague,Practical application is arbitrary,the judge of the discretion of the larger space in the specific application of evidence before the preservation of the existence of many probles.In this paper,the author divides it into four parts.The first part analyzes the typical cases of intellectual property rights by selecting the typical cases of intellectual property rights,and points out the importance of pre-litigation preservation for intellectual property litigation,and analyzes from the legislative and judicial practice.Analyzes the concepts that are easy to be confused with the preservation of evidence.Finally,it discusses the specialities of the preservation of evidence before intellectual property.The second part analyzes the pre-litigation evidence preservation in our country's legislation as well as the judicial situation and the application of the existing problems,the part of the use of a sample survey and statistical analysis of data.The third part examines the application of foreign countries in several countries and regions where evidence is more mature in terms of evidence preservation,then to evaluate it,in this part,author use comparative analysis,literature research and case analysis.The fourth part provides some suggestions for the application of pre-litigation evidence preservation in our country.