Reach On Intellectual Property Litigation System Of Evidence Preservation Before Action

With the increasing protection of intellectual property rights in our country,the law circles pay more and more attention to protection the intellectual property rights,and a thorough and detailed research on the various systems involved in the protection of intellectual property rights.Pretrial evidence preservation of intellectual property rights protection is particularly important,since 2000 china joined WTO,the number of patent applications increased year by year,associated with the patent infringement litigation is increasing year by year,the patent infringement litigation pretrial evidence preservation system for the collection and preservation of evidence of infringement,to safeguard the legitimate rights and interests of patent play a vital role.The three amendment of the patent law have different provisions on patent infringement pretrial evidence system,especially after china enter the WTO to minimum requirement of fulfilling the Trips agreement,2000 of the patent law has been amended for the second time in 2008 for the third amendment to the patent law,the Patent Law delete the provisions on the preservation of behaviors,67 increase in terms of patent infringement litigation evidence preservation before litigation,due to the provisions of Article 67 system faces many difficulties in the judicial practice.This paper from the four parts of the system of preservation of evidence before patent infringement action are discussed in this paper.The first part is the introduction,introduced the thesis research background and research status at home and abroad.The second part is an overview of the evidence system of intellectual property preservation before litigation,from the concept of evidence preservation before litigation,nature and function of evidence preservation before litigation,the necessity of evidence preservation in patent infringement litigation in the former and its functions.The third part discusses the problems in the preservation of evidence before the patent infringement litigation in our country,from the angle of legislation and judicial practice.The forth part discusses about the extraterritorial evidence preservation before litigation of patent infringement provisions,focusing on the different provisions of civil law countries and common law countries of pretrial evidence preservation in china,as well as on their provisions from the provisions of the Trips agreement has great reference value for the system of preservation of evidence in China before litigation,expounds related the provisions of theTrips agreement.Some suggestions to perfect the fourth part evidence preservation before litigation of patent infringement,including perfecting the standard of review,security issues and evidence preservation method etc.,so as to better safeguard the legitimate rights and interests of patent and the applicant and the respondent can achieve the balance of interests and sharing.