The Improvement Of Intellectual Property Litigation Evidence Preservation Procedure

The evidence of infringement of intellectual property rights has the characteristics of concealment,technology and vulnerability,and how to preserve the evidence of intellectual property infringement has been a puzzle for the intellectual property rights.The computer software copyright infringement case is even more so,because the computer software has the intangible nature,generally exists in the infringer’s computer,causes the infringement evidence to be more difficult to obtain.The computer software copyright pretrial evidence preservation program is to solve the computer software copyright owner hard evidence and specially formulated procedures,but in the judicial practice due to the imperfect preservation procedure leads to the role of discount program.It is of great significance for the protection of computer software copyright infringement to protect the copyright of computer software copyright.This paper studies and discusses the preservation procedure of intellectual property litigation from four aspects,focusing on the research and discussion of computer software copyright infringement litigation.Chapter one introduction.In recent years,the rapid development of China’s computer software industry,computer software copyright dispute cases are also on the rise,but the rights of the rights holders in the process of obtaining evidence is still difficult to solve the problem.The second chapter is the overview of intellectual property litigation evidence preservation procedure.Introduction to intellectual property before litigation evidence preservation concept,characteristics and functions,forms of computer software copyright infringement and evidence of infringement,tort in different ways and different contents and characteristics of evidence preservation,evidence analysis on the influence of the preservation program of computer software copyright before litigation.The third chapter studies the problems existing in the process of the evidence preservation of computer software copyright in china.In the analysis of the relevantlaws and regulations,the local court of internal regulations and judicial practice on the basis,from the legislative level and judicial level of preservation of evidence in China Program of computer software copyright before litigation problems in one by one analysis,including: the preservation of subject,bear preserving regulations,standards,technical experts,review the preservation of content and preservation methods.The fourth chapter based on the analysis of the problem of computer software copyright of pretrial evidence preservation procedures of existing legislation and judicial practice exist,combined with the relevant research results and viewpoints,put forward China’s computer software copyright pretrial evidence preservation program proposals.In the aspect of legislation to expand the preservation scope of the subject,detailed provisions on security,the establishment of technical experts to assist mechanism;in the aspect of judicial practice standard unified examination,according to the different forms of acts of tort and tort person contact computer software source program or the target program,reasonable selection and preservation of content,standard method and procedure of evidence preservation before litigation.