Preservation Of Evidence In Intellectual Property Litigation

Understanding of intellectual achievements in recent years gradually strengthen,court relevant intellectual property rights cases is increasing,the intellectual property rights has become the object of intellectual property rights and its carrier namely separability,because the object of patent is no body content(intangible assets),will produce the instability factors,so even if the patent right has already happened,if for some reason can also view it is invalid.Because the object of rights is invisible,whether by infringement which on the one hand,compared with tangible objects,is not very clear.As evidence of the existence of the infringing facts prove that it plays an important role.Evidence preservation is to ensure that the purpose of the evidence would be able to submit court involved,to find out the case facts,judicial justice.This article is divided into four parts,the content is as follows:The first chapter is basic theory of intellectual property right evidence preservation,mainly for preservation of evidence theory to the analysis of the system,and analysis have laid a solid foundation for the following research.In this chapter,the author first discusses the concept of preservation of evidence from the perspective of substantive law,and the definition of deficiencies put forward its own views,to the corresponding supplementary evidence preservation body,has been clear about the notary organ plays important role in the preservation of evidence.Evidence preservation to check for promoting role of dispute,thus to improve judicial efficiency.The second chapter of intellectual property evidence preservation content analysis,the first object of intellectual property right evidence preservation,and then based on the different security object to take evidence preservation methods are listed,and finally to act on behalf of the applicant in the process of preservation of preservation way of guarantee,guarantee conditions and guarantee responsibility are discussed.The third chapter is on the rules of intellectual property litigation evidence preservation,according to its own characteristics of the intellectual property right and the judicial practice sums up the intellectual property litigation evidence preservation "irreparableinjury rule",intellectual property litigation evidence preservation of "a serious question to be tried" and intellectual property litigation evidence preservation "a prime evidence rule",three rules and the corresponding system are compared,and the right also combines the actual infringement cases were analyzed,and the more distinctive feature of the rules.The fourth chapter is the practice of intellectual property rights for preservation of evidence,from the evidence preservation application review,the application of classified cases in the operation of the protection measures for preservation of evidence and court review these three aspects to the practice of evidence preservation,the protection of commercial secrets in the process of cross-examination advice step by step method is proposed.