Research On Evidence Disclosure Mechanism Of Intellectual Property Infringement Cases

In the case of intellectual property infringement,the parties ’evidence collection is unequal,the evidence collection ability is low,and the collection channel is narrow.Provide evidence support for infringement judgment.The evidence disclosure system is essentially different from the system of inversion of burden of proof,which is independent of evidence collection and evidence exchange.The intellectual property evidence disclosure system is based on the principle of debate,which is in line with the connotation of the synergistic litigation concept,and it is also an important manifestation of the implementation of intellectual property by the principle of good faith.Reasonable application of the system not only helps to achieve substantive fairness and improve trial efficiency,but also promotes party autonomy and cooperation.However,in China’s judicial practice,cases directly applying the intellectual property evidence disclosure system are mostly distributed in economically developed and densely populated areas,and the system’s role cannot be fully exerted.To this end,it is necessary to focus on the three aspects of the main body of intellectual property evidence disclosure system,operating mechanism and supporting system,analyze the deficiencies of the system from various angles,and propose corresponding improvement measures.First of all,when perfecting the subject,the parties ’right to collect evidence should be refined,the investigation order system should be included in the law,and the third party ’s obligation to disclose evidence should be clearly stipulated;second,when improving the operation mechanism,the methods and evidence of evidence disclosure should be enriched Target,reasonably consider the particularity of the subject matter of intellectual property rights,clearly stipulate the privilege of confidentiality,and strengthen the right of interpretation of judges;finally,when perfecting the supporting system,the intellectual property appeal procedure should be improved,the supervision of theparties who have lost faith should be strengthened,and the emphasis should be on Coordinate with the security system.