Research On The Problems Of Rewarding Forensics In Intellectual Property Litigation

The evidence of intellectual property litigation has such characteristics as privacy,professionalism,and extinction,coupled with the fact that the party's burden of proof has been further strengthened,which make it difficult for intellectual property litigation parties to obtain evidence.This gave rise to the emergence of forensic evidence for intellectual property litigation.Compared with the general civil lawsuit rewards forensics,intellectual property rewards forensics can take into account both private rights and public interests.The objects they target are more difficult to collect and the collection methods used are more professional.Due to the uncertain legal status of the forensics of intellectual property litigation rewards,Therefore,this special evidence collection practice has brought many legal issues to be explored and solved.There have been scholars' arguments over some issues such as the starting conditions for the collection of evidence in intellectual property litigation rewards and the role of judges in the launch of rewards and rewards.For the start of the foreclosure of intellectual property litigation rewards,the uniqueness of the reward reward route should not be limited,but it must be matched with the actual situation when it is applied.Due to the inconsistency between the time node of the intellectual property party's initiation of reward forensics and the judicial intervention stage.Therefore,the retrieving of rewards in intellectual property lawsuits should be reviewed afterwards.The scope of the review includes the relevance of rewards and evidence collection and the case,the compatibility between the application of the rewards and the actual situation,and the legitimacy and rationality of the reward content.In addition,in real life,there are many ways to collect evidence for intellectual property litigation rewards,which need to be treated with caution and should implement the principle of measurement of infringement interests,prohibition of enticement of intellectual property rights infringement,and limit the use of limited-entitlement intellectual property to reward them.In view of the imperfections in the system of rewards for intellectual property litigation retribution in China,it is necessary to determine the principles for retribution of intellectual property lawsuit rewards,and to optimize the distribution channels,content restrictions,amount limits,and responsibility commitments of reward advertisements.In addition,relevant legislation and supporting measures need to be perfected to protect the appearance of court witnesses of intellectual property litigation retribution and the dishonest conduct of disciplinary retribution forensics.