Font Size: a A A

The Research Of IP Entrapped Evidence Collection

Posted on:2009-04-25Degree:MasterType:Thesis
Country:ChinaCandidate:H GaoFull Text:PDF
GTID:2166360275970665Subject:Law
Abstract/Summary:PDF Full Text Request
The thesis includes four chapters.In the first chapter, the author clarifies the concept, classification, and features of IP entrapped evidence collection by exploring the divergences of it between theory and practice. Conflicts of legality in IP litigation entrapped evidence collection come out for the recognition of the case"Computer Software Copyright Infringement"between Beida Founder and Beijing Gaoshu trialed by first Beijing Intermediate People's Court. The famous case puts forward the method of dividing the entrapped evidence into purchase evidence and induces evidence. Based on the framework, the author analyses the feature of IP evidence and proves the validity of purchase evidence from the perspective of legal economics.In the second chapter, the author introduces the history of IP entrapped evidence collection; analyses the classical cases of the collection process, and proved the technical difficulties of collecting the IP evidence, especially the challenges brought by the advanced hi-technology. Moreover, through the careful observation of the judicial trial and theory, he depicts the situation of the collection of IP entrapped evidence thoroughly from theory to judicature field practice. The author specially analyses the relationship between IP entrapped evidence collection and Illegal Evidence Removing Principle, Fairness & Honesty Principle, Balance of Benefits Principle bases on the research of practical cases.In the third chapter, the lawful base of process priority and the principle of IP value are examined, and still the author describes the importance and justifiability of applying process value and legal concept of IP into protecting modern IP right. The author specially talks about the value of process priority lying in protecting the entity interests more efficiently. Real fairness can not be seen if there is no process protection. This is a rule must be obeyed by in the course of IP litigation."Outline of National IP Strategy"comes out in 2008; this will strengthen the protection of IP technically. However, the IP outline must be carried out in law related. Legal interest must be protected from the point of legal process when a judge trial IP cases.The forth chapter discusses the application of the IP entrapped evidence collection under the framework of the present law, which improves the legislation of"Evidence Law"with the respect of forming standards of eliminating the illegal proofs. All of the discussions have provided a solid foundation for the research of legislation.
Keywords/Search Tags:Entrapped Evidence, Purchase Evidence, Induce Evidence, The Exclusionary Rule Of Illegal Evidence, The Numerus Clausus Principle Of IP, Process Priority
PDF Full Text Request
Related items