Research On Intellectual Property Evidence Disclosure System Based On Compensation For Infringement

In cases of intellectual property infringement of China,in addition to infringement identification,the most important thing is the amount of intellectual property infringement claims for intellectual property rights holders.Statistics show that in practice the court directly applying to statutory compensation is in the majority for compensation of intellectual property cases,that is,in judicial practice statutory compensation is in the majority,supplemented by the actual loss,which is contrary to the legislative theory of intellectual property damage compensation in China.The particularity of the evidence of intellectual property rights puts forward higher requirements for the evidence collection of intellectual property rights in China.However,the lack of evidence collection system in China,especially the lack of evidence disclosure system causing the right holder cannot collect the evidence of infringement profits of the infringer,the court may only choose to seek statutory compensation.The construction of intellectual property rights disclosure system is of great significance.The disclosure of intellectual property rights originated from the British equity law,which was developed rapidly in the United States and other countries of the Anglo-American law system and spread to the civil law countries.It is an important evidence collection system and it is different from the burden of proof.The theoretical basis is find the true principle,intellectual property interests balance theory and the principle of good faith.The disclosure of intellectual property rights litigation in China is still in the initial stage,so compared to foreign legislation there are many deficiencies in specific regulation,such as the scope of evidence disclosure,restrictions and sanctions of breaching disclosure obligations and other provisions are not clear,causing evidence disclosure is in poor applicability in judicial practice and cannot promote the disclosure and collection of evidence effectively.In order to improve the disclosure system of intellectual property right in China,this paper mainly focus on the improvement of the system itself and the improvement of the supporting system,so as to provide some suggestions for the improvement of the disclosure system of intellectual property rights in China.