The Theory Of Evidence Preservation Before An Action In Intellectual Property Litigation

The evidence preservation before an action is a special survey evidence collection procedures,its application in the intellectual property rights especially widely.Due to intellectual property litigation specialized case involves the legal relationship is more complex,has the characteristics of invisibility of evidence,so the evidence preservation before an action in a sometimes play a key role in the litigation of intellectual property rights.The first part is problem put forward,through specific case leads to practical problems.For example,the application form,the court review standard master,for such problems as lack of guarantee system.And introduced the change of legislation in our country.The second part is the theory of intellectual property rights system of evidence preservation before an action,which sums up the concept of intellectual property litigation by comparing method and the particularity,through conceptual analysis method introduced the connotation and significance of the evidence preservation,and lead to functional analysis of the evidence preservation before an action.The third part mainly examines the extraterritorial evidence preservation system,Anglo-American law system while the parties to the emphasis on equality and confrontation,but also have shown a similar system.In the Anglo-American law system focuses on the peeler ban system in England and America the handwritten testimony system.Respectively in continental law system countries,this paper expounds the Germany,Japan and Taiwan area in our country's law,through the comparison,can find its for evidence preservation before an action program design more complete and detailed,for the right remedy of the parties is relatively comprehensive,build the system in China,many of them can draw lessons from the advanced.The fourth part,it is according to the former three parts of the thesis,summed up the Suggestions to the improvement of the system of evidence preservation before an action.This part discusses from two aspects,first is the suggestion to perfect the system of law for this,indeed,such as perfecting the application content,expand the scope of the applicant,the elaboration of the provisions on guaranty,perfecting the court review,etc.,the second is to strengthen the use of this system in judicial practice,such as the applicant's application form,strengthen the promoting function of lawyer,perfecting the court for evidence preservation before an action of relief.Legislation and practice with each other,and jointly promote the application of the evidence preservation before an action system in our country and development.