On The Preservation Of Evidence In Intellectual Property Litigation

With the arrival of the era of knowledge economy, the cause of intellectual property has attracted a lot of attention in the world, and intellectual property litigation is also increasing. Compared with other civil litigation, the legal relations and special evidences of the intellectual property litigation are more complicated. In the legal proceedings, the evidence is the key to a lawsuit, and is also the important basis for the court to make a judgment. In the intellectual property litigation, evidence often has the characteristics of concealment and professionalism, to a certain extent, they increase the difficulty of litigation. How to preserve the evidences those easy to loss or difficult to obtain in the future is particularly important. Applying evidence preservation correctly in intellectual property has important practical value for protecting the legitimate rights and interests of the parties, maintaining normal social and economic order and improving the efficiency of the trial court.In order to provide theoretical and practical guide, this article will focus on intellectual property rights and the meaning of the concept of preservation of evidence, evidence preservation intellectual characteristics and international practice, and also will analyze and discuss the status quo of intellectual property and put forward the countermeasures.