Research On The System Of Obstruction Of Evidence In The Intellectual Property Litigations

In the intellectual property litigation,the evidence of the infringement and the amoun t of compensation is mastered by the infringer,so the obligee is unable to get the evidence,whi ch led to the issues of "hard to obtain evidence and compensation" in the intellectual property litigation.The important way to solve the problems above in this situation is that to actively ap ply the System of Obstruction of Evidence and adjust the burden of proof of both parties.By t his way,the obligee’s burden of proof could be lightened and also the rate of statutory damage s in the intellectual property litigation could be reduced.The emphasis of this paper lies in the system of Obstruction of Evidence.Firstly,this paper would introduce the system of Obstruction of Evidence and analyze the constitutive elements and legal consequences of this system.Then,it would explore jurisprudential basis and distribution of burden of proof to illustrate the importance and necessity of this system.Finally,I would appraise the system of obstruction of evidence in China, and then give some advices to the improvement of this system in China.This paper is divided into four chapters:Chapter Ⅰ:This chapter mainly analyzes of the present situation of the system of obstruction of evidence application.Firslyt,I will introduce the definitions and analyze the Constitutive requirements and legal consequences of this system.Then,I will point out that the system can balance the burden of proof and reduce the rate of statutory damages in the intellectual property litigation.Chapter Ⅱ:This chapter mainly analyzes the legal consequences of this system of obstruction of evidence from the law doctrine,the distribution of evidential burden and the difference between evidence system.I will point out that the defendant must bear the burden of proof if the plaintiff failed to provide any proof of their claim.Chapter Ⅲ:This chapter mainly studies the deficiencies of the system of obstruction of evidence.In this chapter,Ⅰ will point out the legislative deficiencies from the perspective of comparative law.For example,the scope of application of this system is too narrow,and the Constitutive Elements and Legal legal consequence are not very clear..Chapter Ⅳ:This chapter is the core content of this thesis.It mainly intruduces that how to improve the system of obstruction of evidence in China.Ⅰ will analyze the issue from the entity and procedural aspects.In the entity aspects,in order to reduce the rate of statutory damages,the regulations of the parties,the Constitutive elements and legal consequence should be improved.In the procedural,Standardizing the application of the procedure in all stage of proceedings to make the system of obstruction of evidence more operational.Finally, I come to the conclusion that we need to improve the system of obstruction of evidence in order to improve the development of intellectual property trial.