Research On The System Of Spoliation Of Evidence In Intellectual Property Infringement Compensation

The application of the system of spoliation of evidence is conducive to solving the problems of difficulty of proof and high application rate of statutory compensation in intellectual property infringement compensation.After the new “Trademark Law”in 2013 clarified the system of spoliation of evidence,the Intellectual Property Laws and Regulations under revision,such as the Patent Law,are also preparing to introduce the system of spoliation of evidence.In view of this,it is helpful to promote the improvement of the system of spoliation of evidence in the field of intellectual property infringement litigation by investigating the system rules and the application status of cases of spoliation of evidence in intellectual property infringement compensation,and identifing problems and proposing solutions.This article uses comparative analysis,literature analysis,case analysis and other research methods.The article sorts out the theoretical basis and institutional rules of spoliation of evidence in intellectual property infringement compensation.By examining 121 intellectual property rights cases applying the system of spoliation of evidence,it analyzes the current status of the application of spoliation of evidence in intellectual property infringement compensation in China,and discusses the existing problems: incomplete representation of constituent elements,inconsistent criteria for determining applicable conditions,inconsistent criteria for determining legal effects,confusing application of calculation methods,confusing application of procedures,and low application rate of spoliation of evidence,etc,and analyzes the causes of the above-mentioned problems from the perspective of system and practice.Finally,this article puts forward suggestions to improve the system of spoliation of evidence in intellectual property infringement compensation: in terms of entity,the principle of spoliation of evidence should be established,the constituent elements,legal effects and calculation methods should be clearly defined,and the supporting system to guarantee the operation of the rule of spoliation of evidence should be established;In terms of procedures,the applicable procedures for spoliation ofevidence should be clearly defined as follows: Initiation of the procedure upon application--court organization debate and court clarification--court orders and interpretations--court ruling.