On The Evidence Preservation System Of Intellectual Property Right

Preservation of evidence is legal system timely collection, fixation and protection against possible loss or difficult to obtain later evidence. In intellectual property litigation evidence, because of its characteristics of concealment, perishable and technology, the collection of evidence difficult. Therefore, the parties may apply to the court for evidence preservation, the court will take evidence preservation measures often become the key to the parties can win.The first part, first introduces the foreign and domestic relevant evidence preservation theory, on this basis, leads the perpetuating testimony system before litigation, the related theory problems are discussed.The second part, on the evidence preservation system of current law, to our country present and intellectual property litigation evidence preservation before litigation related stipulation to carry on the detailed summary and list, for the three major areas of intellectual property law:"trademark law","copyright law","patent law" of the existing provisions carefully conducted the contrast research.The third part, related to the extraterritorial evidence preservation before litigation of intellectual property litigation experience were introduced, the relevant provisions of the civil law and common law, the classification of list, comparison of extraterritorial experience, discard the dross and select the essential, in order to better serve the intellectual property litigation and litigation evidence system in China before the reference, continuous improvement.The fourth part, in the second part, based on the research status and problems, summed up the experience a combination of third parts, on the preservation of evidence system of intellectual property litigation pretrial from theory and practice how to improve on the interpretation, mainly from the problem of the guarantee to pretrial evidence preservation measures subject, preservation program review and start-up conditions, preservation as well as the revision of intellectual property law, the integration of the relevant regulations, in order to contribute to the regulation of intellectual property cases evidence preservation before litigation, intellectual property cases, improve the quality and efficiency of the trial.