Discussions On Pretrial Evidence Preservation Of Intellectual Property Litigation

Preservation of evidence is a legal system that in a timely manner collecting, fixing and protecting the evidence which might be destroyed and difficult to obtain. In intellectual property litigation, because the evidence is invisibility, fugitiveness and technical in most cases, so parties tend to apply for evidence preservation and whether protective measures are taken is critical to win the case. In recent years, the trend that the parties apply for evidence preservation is getting more popular in intellectual property litigation, and timely learning from problems in the preservation of evidence is the important process of improving the quality and efficiency in trialing the intellectual property cases. In this paper, staring the concept, characteristics and a series of regulations of pretrial evidence preservation, the problems existing in theory and practice of pretrial evidence preservation in intellectual property litigation are discussed, in order to help pretrial evidence preservation more successfully operated and implemented in intellectual property cases, and improve quality and efficiency of the trial.Four aspects of pretrial evidence preservation in intellectual property litigation has been studied and discussed in the thesis, mainly in the field of the theoretical basis and extraterritorial experience of pretrial evidence preservation and some useful suggestion are proposed to meliorate the existing regulations.The first part is mainly focus on describing the relate theory of the pretrial evidence preservation. First, a detailed definition of the concept of intellectual property litigation is carried out, based on the concept and characteristics of the perspective of intellectual property litigation, of which purpose is more accurate interpretation of the importance of pretrial evidence preservation in this particular proceeding. Secondly, the explanation of concept, characteristics, specificity and importance of the pretrial evidence preservation in intellectual property litigation is the basic of the study in the rest part.In the second part the related extraterritorial experience of pretrial evidence preservation in intellectual property litigation is introduced, and some regulations, such as the civil law, common law, the Trips Agreement, the relevant rules in EU are listed and classified one by one. By comparing the different extraterritorial experience, the more comprehensive one is selected for a better serve in our intellectual property litigation, constantly improves the pretrial evidence system. In Part three the overview of the current regulation of the pretrial evidence preservation in intellectual property litigation is listed, with particularly comparison and study of existing provisions among three main laws in the intellectual property: "Trademark Law", "Copyright Law", "Patent law ", which is the start point of the process in searching problems. The part sums up the current situation not only in theory, but also in practice.In the last part, based on the study in the third part, system problems and deficiencies of pretrial evidence preservation in intellectual property litigation are explained in the perspective of theory and practice, mainly in the jurisdiction of pretrial evidence preservation, preservation methods, preservation of the security issues and other aspects, like the attitude towards the system in operations and standard review. Drawing on the basis of relevant international experience, sound advice and suggestions are proposed.