Research On Evidence Preservation System Before Litigation In Intellectual Property Civil Litigation

With the development of socialist market economy,the number of intellectual property cases handled by Chinese courts has been increasing year by year.Given the unique nature of intellectual property itself,it is determined that relevant evidence has its own uniqueness in the application process.Intellectual property evidence has the characteristics of concealment,perishability,and technicality,making it difficult for parties to obtain evidence.This article starts from the pre litigation evidence preservation system of intellectual property civil litigation,briefly analyzes the legislative and judicial status of China’s pre litigation evidence preservation system,and compares and analyzes the pre litigation evidence preservation in foreign intellectual property civil litigation.Suggestions for improving the pre litigation evidence preservation system of intellectual property are proposed.The first part explores the pre litigation evidence preservation system for intellectual property civil litigation.the particularity of pre litigation evidence preservation is summarized;Finally,the value of pre litigation evidence preservation was analyzed.The second part examines the current status of China’s pre litigation evidence preservation system for intellectual property.First of all,it analyzes the current situation of legislation,which is discussed from two aspects: judicial interpretation of civil litigation and intellectual property law and its judicial interpretation;Secondly,legislative analysis of pre litigation evidence preservation is conducted in three aspects: review standards,preservation of evidence held by outsiders,and legal consequences of refusing to cooperate with evidence preservation;Once again,a judicial review was conducted on pre litigation evidence preservation,mainly including: differences in the application of review standards,insufficient reasoning in rulings,difficulties in applying the legal consequences of refusing to cooperate with evidence preservation,differences in the application of the principle of liability for damages caused by incorrect application for evidence preservation,and inconsistent application of whether to notify the applicant to be present when taking evidence preservation measures.The third part compares and analyzes the pre litigation evidence preservation system in foreign intellectual property civil litigation.this provides ideas and references for the preservation of evidence before litigation in China’s intellectual property system.The fourth part discusses specific suggestions for improving the pre litigation evidence preservation of intellectual property in China.Firstly,in terms of legislation,specific suggestions have been provided for further improving the legal and regulatory system for the preservation of intellectual property evidence before litigation;Secondly,in the judicial aspect,practical suggestions have been put forward for adopting pre litigation evidence preservation measures;Once again,specific suggestions were put forward to enhance the professionalism of evidence preservation institutions and strengthen the supervision of law enforcement agencies.