Research On Intellectual Property Discovery Procedure

It is quite hard for the parties to gain evidence and they are not equal in intellectual property litigation,resulting in identifying the actual loss of the right holder is often difficult,and on the other hand,the statutory compensation is considered to be used in many cases.The Discovery in western countries plays a positive role in improving the ability of the parties to prove,reducing surprise attack,optimizing the trial and promoting the reconciliation.Our country had absorbed the Discovery in the litigant's revolution from the 80 s of last century,and gradually established our own evidence system.However,the author believes that our new Discovery in intellectual property which is from the early Evidence-exchange system,still did not achieve the expected effect.Through the comparative analysis of the Discovery in western countries and the relevant discussions in the judicature practice,the author proposes the suggestions to our country's Discovery.In the introduction,the author briefly introduces the background,significance and previous research of choosing the Discovery as a topic in intellectual property litigation for study.Chapter one: Mainly discusses the rationale of the Discovery in intellectual property litigation.The passage includes the connotations and history of the Discovery.Because of the difficulties of identifying the actual loss,gaining evidence and the great functions of the Discovery,the author points out the necessity of establishing the Discovery in our country.Besides,the author also talks about the relationship between the Discovery and Evidence collection,Evidence-exchange.Chapter two: The study of the Discovery in foreign countries.In this part,the author especially takes Britain,America,Germany and France as the representative countries for comparative analysis.The author elaborates broadly the origins,contents,exceptions and punishments,and at the same time,compares the actual operations,the recent developments and the positions between the litigants and the judges in these four countries.Chapter three,: How the Discovery runs in our country.Firstly,the author looks back to the background and the establishment of the Discovery in intellectual property litigation.Secondly,the author points out the flaws in the Discovery in our country from the legislation stipulation and judicature by combining with the practice.Chapter four: Suggestions on perfecting Discovery in intellectual property litigation.The author in this chapter tries to give out relevant issues to optimize the practice based on the study of the previous chapters.The ideas includes: improve the right of collecting evidence,adjust the relationship between litigants and judges,standard the Discovery rules and build up a punishment mechanism to safeguard the system.