Study On Notarization Evidence Of Defects In Civil Action Of Intellectual Property

Compared with the traditional civil object,intellectual property has the characteristic of invisibility,which makes the evidence for infringement of intellectual property rights difficult to substantiate.Based on the credibility of the notary public institutions,intellectual property rights on their own make it difficult to obtain evidence of the case through the notary institutions.The notarized instruments produced by the notarized institutions can be used directly as evidence in the civil litigation of intellectual property rights.The higher proof power can directly prove the facts of the case and play an important role in the judicial protection of intellectual property rights.However,in the current practice of notarization of intellectual property rights,because the incidence of defective evidence abounded,it is difficult to meet the objective requirement of evidence in the Civil Procedure Law at the level of evidence qualification;the strength of the evidence can not be achieved through authenticating the facts and objectivity.The intellectual property rights in civil proceedings in the emergence of the flawed notarized evidence can be directly applied to the validity of the notarized evidence of how to identify the dilemma,but also caused the different regions,different levels of court in the identification of the validity of the evidence of the flaws of the controversy.On the one hand is the strength of notarized evidence;On the other hand,in the hearing the court can not neither directly apply the flawed notarized evidence,especially with major defects in notarized evidence they can even be directly denied.Not only does that greatly damage the legitimate rights and interests of the relevant people,but also is not conducive to play the role of justice to facilitate judicial trial.Through the analysis of the existing evidence of intellectual property rights cases,this article is presented from the viewpoint of judicial practice and notarized practice.Suggestions are put forward,on the one hand,in the application of the notarized evidence,in that the court should evaluate the evidence of eligibility and evidence to testify,and prudently identify the validity of the notarized evidence;On the other hand,in the normative evidence,legislative notices should be developed at the legislative level,notarized institutions should operate strictly in accordance with the notarization procedures,the parties of interest should actively cooperate with the notarization activities.Supporting measures can be established at the level of judicial institutions and notarization mechanism of the convergence mechanism,equipped with a professional intellectual property notary team,to improve the notary court system.Through the above suggestions a number of beneficial measures will emerge.Firstly,be able to standardize the evidence in the civil litigation of intellectual property rights,and solving the practical difficulties of the evidence dilemma in judicial practice.Secondly,a facilitation in the judicial effect of intellectual property rights,and finally safeguarding the legitimate rights and interests of the parties involved.