Research On The Evidence Probrem Of Web Snapshots In The Design Patent Litigation

As a product of data information in network communication,the Web Page Snapshot can play a proof of scope and opening time of the appearance design in Patent litigation.However,due to the characteristics,legislation and concepts,the Web Page Snapshot in appearance design patent litigation is often the focus problem.At present,there are three main problems in the identification of Web snapshot in practice:first,it is difficult to identify public content,some web snapshots only show the content of the text but does not display pictures or photos leads to the difficult to identify the public content of the appearance design;second,it is difficult to identify the public time,the disagreement between the text content and the time of the picture or photo leads to the difficult to identify the open time of the design;third,it is difficult to identify the authenticity,the instability and modification of the web snapshot makes it difficult to identify the authenticity.Based on evidence theory and legal system,this paper,aiming at solving the problem of the evidence of the web page snapshot in the patent litigation of the appearance design,puts forward the suggestions from three aspects:trusted timestamp,evidence identification rule and evidence identification method.In the respect of trusted timestamp,trusted time stamp is used to replace notarization,bind the web snapshot with time by trusted timestamp,to form a more convincing proof document;In terms of evidence identification rules,the corresponding suggestions are put forward from the rules of the proof power identification,the rule of reinforcing evidence,the third party certification and the standard of proof,with a view to providing a better legal basis for the identification of webpage snapshots.On the evidence identification method,the author sets out from the systematic principle and the made body of the web snapshot,through scientific identification and judicial inference to judge the page snapshot,which provides a new idea for the judge.These suggestions not only follow the legal development,but also meet the basic requirements of judicial justice,and can effectively protect the legitimate rights of the parties concerned,thus effectively solving the problem of the evidence of the Web Snapshot encountered in the patent litigation about appearance design patent in our country.