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Research On The Discovery System In Patent Infringement Litigation

Posted on:2019-03-13Degree:MasterType:Thesis
Country:ChinaCandidate:Z D LiFull Text:PDF
GTID:2346330569989442Subject:legal
Abstract/Summary:PDF Full Text Request
With the further development of innovation-driven development strategy,China has become the largest patent application country in the world.At the same time,the number of cases of patent infringement litigation is increasing year by year.Because of the non-material nature of the object of patent and the specialties and concealment of the means of infringement,the burden of proof of the right holder in the patent infringement lawsuit is more difficult.In addition,the provisions of the current evidence collection system are too general.It is difficult for the parties to collect evidence.In judicial practice,the low amount of claims caused by the lack of evidence is highlighted.The situation of "winning the lawsuit and losing the market" has occurred,which seriously bruised the enthusiasm of the enterprise’s technological innovation and the use of legal means to protect its legitimate rights and interests.At present,the increasing trend of patent infringement cases and the phenomenon of "difficult to raise proof,low compensation" in litigation,and the big gap between the effect of judicial protection and the expectation of the innovation subject have put forward new requirements for the application of evidence system in patent infringement litigation in China.The judicial protection of patent plays a vital role in stimulating innovation,promoting the transformation of scientific and technological achievements and upgrading the industrial transformation.However,the difficulty of proof in patent infringement litigation makes the effect of judicial protection discounted.Based on this background,the author inspects the discovery system in some foreign countries.As an important system in the pre trial procedure,it has the function of facilitating the parties’ collecting evidence,preventing the "evidence raid" and promoting the case reconciliation.Compared with the evidence exchange system in our country,the system of discovery system is more systematic.We should pay more attention to evidence exchange between parties.The application of discovery system in patent infringement litigation can strengthen the party’s ability to collect evidence,and it is of great practical significance to solve the problem of proof in the current patent infringement lawsuit.This paper analyzes the relevant theories of the discovery system,and combines the status and existing problems of the patent infringement litigation,and on the basis of the experience of the extraterritorial system,puts forward the specific rules and perfect suggestions for the application of the discovery system in the patent infringement litigation of China.Firstly,the article analyzes the basic theory of the discovery system and expounds the provisions of the evidence exchange system in China.Secondly,it analyzes and discusses a series of practical difficulties in the patent infringement litigation in China,which provides the necessary basis for the application of the discovery system;Thirdly,after the conclusion of the urgent application of the discovery system,relevent regulations on several foreign countris are elaborated in the light of the judicial experience of these countries.Finally,on the basis of the analysis and discussion of the previous article,the mature theories of some foreign countries are used for reference,and a series of specific proposals regarding the application of the discovery system in the patent infringement litigation of our country is put forward.
Keywords/Search Tags:civil evidence, discovery, evidence exchange, patent infringement litigation, pretrial procedure
PDF Full Text Request
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