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Evidence collected Infringement Issues

Author: DaiBaoRong
Tutor: ZhengHui
School: Northwestern University
Course: Law
Keywords: Intellectual property infringement Infringement proceedings Evidence Collection
CLC: D925.1
Type: Master's thesis
Year: 2010
Downloads: 199
Quote: 1
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Abstract


Intellectual property infringement litigation, the parties whether the use of the evidence sufficient, comprehensive, accurate, and directly related to the facts of the case the judge found, and ultimately the final determination of the amount of such damages. Therefore, the evidence used in the importance of intellectual property infringement litigation is self-evident. Evidence of the use of intellectual property infringement litigation including parties gather evidence and cross-examination of the evidence the court evidentiary effect of certified court three links, the parties to gather evidence of the entire premise of the process of applying the evidence, but because of the special nature of intellectual property rights, intellectual property infringement litigation Evidence collected also has its special features, its concealment, perishable, instability and professionalism so greatly increased the difficulty of gathering evidence of the parties. The solution to this part of the parties to gather evidence in question is to protect the use of evidence throughout the proceedings in the key smoothly, but also on the basis of infringement findings of fact, in view of this, the paper try something people on IPR infringement issues related to gathering evidence Research, research and analysis can hope for intellectual property infringement litigation evidence collection problems provide useful comments and suggestions! article is divided into three parts of intellectual property infringement lawsuit against the collection of evidence that issues were discussed. The first part is the collection of evidence of intellectual property infringement litigation overview, mainly on the part of the intellectual property rights infringement and evidence collection is characterized by the importance of the collection of evidence were discussed. Since the object of intellectual property rights intangible, and thus its evidence of infringement evidence than other tort has its particularity, the main evidence hidden, easy to destroy, professional and strong specific for the particularity of evidence, using the evidence-gathering methods have The emphases. The second part of the legislation and practice from the two aspects of the collection of evidence of infringement of intellectual property status of the assessment, there is no specific evidence of China's current law, there is no specialized intellectual property law, thus infringing on intellectual property provisions scattered evidence collection with a variety of procedural law and substantive law. This section also collect evidence of infringement of intellectual property rights shortcomings in legislation and in practice, evidence-gathering gave a brief overview of the problem, focusing on analysis of intellectual property litigation trap forensics problem. The third part on improving the collection of evidence of intellectual property infringement lawsuit put forward specific ideas. That improve the system of evidence collection first to protect the rights of the parties to gather evidence, mainly from the perfect party rights and hold surveys collect evidence of proof obligations to protect the third person; addition to the collection of evidence of existing intellectual property to perfect ways, mainly strengthening explanation from the obligation to judge and improve the preservation of evidence, evidence and rational use of notarized identification technology and other areas to improve the current status of intellectual property infringement litigation evidence collection. (?)

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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