Evidence Preservation Notary In Network Intellectual Property Rights Infringement Disputes

In the wake of entering the Internet age, and with the development of variousnetwork e-technologies, network has brought human society enormous benefits, bynot only enriching people’s spiritual and cultural life, but also rendering revolutionarydriven force to the global economic growth. However, against the backdrop ofeverchanging network environment, the protection for intellectual property rights isbearing an unprecedented impact. Targeting the new problems and new challengesaroused by the network environment, from international organizations to eachsovereign state are actively improving the intellectual property legislation, developingthe coping mechanisms so as to adapt to the demands of the age. During the process,such new thing as the network IPR(abbreviation of intellectual property rights) isgradually geting rid of the traditional intellectual property rights and becomes thefocus paid attention to and studied by the IPR field in recent years.In reality, it is a symbolic phenomenon that the number of cases heard by courtsinvolving the network IPR infringement and disputes is increasing year by year injudicial practices, accouting for almost the half of all IPR cases. As network ischaracterized as instantaneous, virtual and volatile, it differs the controversial focus ofnetwork IPR infringement disputes from that of traditional IPR cases, and generatesdifficulties for litigants to prove the facts they claimed.The notary of preserving evidences is exactly the effective approach to solvingthis problem. Despite the fact that the notary system in our country has a late start, acredible evidence system has been established and the effectiveness of notaryevidence has been verified in both theory and practice, with the support of systems of"Civil Law " and " Notary Law ". Depending on diverse application methods and rigorous proof forms, the notary of preserving evidence has become the most majorforensic way in the network IPR infringement disputes.This paper aims to concluding the concrete application methods of the notary ofpreserving evidence in the network IPR infringement disputes by studying andanalyzing the network IPR and its infringement disputes and the notary system ofpreserving evidence. On this basis, it will raise suggestions on inovating andupgrading the notary protection under the environment of network IPR.This paper is composed of four parts:Chapter one first illustrates the concept and characteristics of the network IPRand episodically introduces the specific content and legislative status quo of networkIPR, and later discusses the status quo and existing problems of notary protection inthe context of network IPR.Chapter two, on the basis of chapter one, first elaborates and analyzes the subjectof infringement act, infringement method and the controversial focus in the litigationinvolved by network IPR infringement disputes in real judicial practices, and laterintroduces the concept, characteristics and type of notary system and the notary ofpreserving evidence.Chapter three starts with the key points of proof in the network IPR infringementdisputes and elaborates on the specific application methods of evidence preservationnotary from proving the ownership of network IPR, proving the fact of infringementact and the amount of compensation for the infringement damages.Chapter four raises specific suggestions on the steps and ways of innovating thenotary protection of network IPR.