A Question Of Preservation Of Evidence To Explore

Entering a new era, the computer technology, digital technology, information network technology rapid development, China's original the copyright law difficult to adapt to the new technology copyright faces the challenge of development. In 2001 the revised the copyright law new added "information network transmission right" regulation, information network transmission right gradually began to be public knowledge and attention, information network transmission right cases increasing, especially 2009 famous copyright distributors in Beijing netmovie asked film-and-television works-"the civil rights field of civil rights" business models. This model is gradually numerous copyright later distributor such as cantonese zoke culture, flourishing companies such as hot to follow that, more and more lawyers and law firms involved in such cases in the lawsuit activity. The film and television works of information network transmission right at issue is mainly to copyright infringement and belonging, the compensation amount in lawsuit activity determination, both general use conventional evidence and notarization of litigation evidence preservation claim. The parties For the use of conventional evidence, it is difficult to appear evidence problem, but in defects in the use of evidence preservation in notarization notarial evidence preservation, due to data, especially information such as audio-visual material with virtual sex, not easily evidence have no sexual characteristics, and the process of technical and consistency notarized demand is high, and because the current system and related laws and regulations notarization notarial personnel is still imperfect, the notary procedures not rigorous, make such evidence often flaws probative film-and-television works is low, cause the network transmission right cases notary evidence preservation of proof to play its role. The current intellectual property protection, has risen to national strategic situation, how to face such problems from the legislation and judicial practice on coping is particularly important.