The Research Of Evidence Preservation Before Litigation Of Intellectual Property Rights

the knowledge property right evidence has the nature of concealment, perishable andtechnical characteristics, the collection of evidence is a difficulty; the people’s courtwhether to take evidence preservation measures become the key of the parties can win.In China, the latest revision of the "Civil Procedure Law" clearly the pretrial evidencepreservation of the provisions, some provisions of the Supreme People’s court "aboutthe lawsuit evidence"(referred to as the "rules of evidence"),"patent law","copyrightlaw","trademark law" and so on the pretrial evidence preservation relevant content tomake corresponding regulations, but not perfect, can not adapt to the rapiddevelopment of the intellectual property rights, not in place to protect the relevantrights. Through a specific case leads to pre-trial preservation of evidence of theimportance of intellectual property litigation, so as to explain the purpose andsignificance of the study, summarizes the domestic and foreign present on theperpetuating testimony system before the action research. Firstly, pretrial evidencepreservation defines and introduces its function, secondly for evidence preservationbefore litigation outside analysis, then analyzes the current legal provisions on theevidence preservation before litigation of our country, then makes a concrete analysisfrom several aspects of the program, and then to the analysis of China’s current in theapplicant’s scope is excessively narrow, the application of standard conditions andexamination is not refined, the subject and time of preservation of the problem fromthe field of intellectual property, the lack of guarantee the method and amount is notclear and the preservation of the imperfect aspects of the problem, then the aboveproblems to improve suggestion.