The Study On Scientific Evidence Rules In Intellectual Property Litigation

In the litigation practice,especially in intellectual property litigation,with the emergence of scientific evidence and the application of a large number of high-tech means in the judicial activities,the fact that traditional methods prove that human centered method is to give priority to with "material evidence" or "scientific proof" proof method.Damaska about the future of evidence law is "the fact that the scientific problem",as well as in term of Professor He Jiahong on "scientific proof" the time has come,the improvement of the system of evidence shows that combined with the use of science and technology,which will minimize misjudged cases occur,promote judicial justice.Scientific evidence in bring the truth,however,at the same time,also bring a lot of confusion and challenges.Mainly reflected in the face of the complex intellectual property infringement litigation,scientific evidence collection preservation of scientific evidence,proof that censors and cross-examination.In order to solve the problems are caused by scientific evidence,this article explores how to build and perfect the system of the intellectual property litigation rules of scientific evidence,in order to apply scientific evidence rules,reasonable concluded that scientific evidence,make a fair decision.In this paper,besides introduction and conclusion,is divided into four parts:The first Chart is an overview of the intellectual property litigation and scientific evidence rules.Mainly analyzes the concept of intellectual property litigation,characteristics and types.Introduces the concept of scientific evidence,and has made the analysis and expert testimony and expert opinion,in order to better define scientific evidence rules.The second Chart,intellectual property litigation rules of scientific evidence.First scientific evidence,the general form of intellectual property rights were analyzed,and then according to the evidence used in combination with the process of scientific evidence of the characteristics of strong concealment and involves specialized knowledge structure of scientific evidence rules can be divided into the scientific rules of evidence collection,cross-examination and certification rules of three parts,and special rules different from the general rules of evidence are summarized.In this article the scientific evidence collection rules mainly for scientific evidence trap evidence rules,scientific evidence disclosure rules and rules of scientific evidence preservation were studied.Scientific evidence cross-examination rules mainly for scientific evidence expert auxiliary cross-examination rules were studied.Scientific evidence certification rules include the basic rules of scientific evidence certification and scientific evidence evidence rules were studied.The third Chart,our country intellectual property litigation scientific evidence rules applicable problem analysis.From the scientific rules of evidence collection,cross-examination and certification rules three structure,respectively the involved problems of specific rules in our country were studied.The fourth Chart,the perfection of intellectual property litigation rules of scientific evidence in our country.In order to solve the intellectual property problems in the application of scientific evidence rules,the text tries to put forward for the improvement of the scientific evidence collection and cross-examination rules.And reference daubert rules in the United States,the existing intellectual property litigation rules of certification of scientific evidence for further construct and perfect.