Research On The Evidence Preservation Notarization In Intellectual Property Disputes Under The Network Environment

With the help of the Internet,the modern market economy has made a qualitative leap in the speed of development and new changes in the form of expression.It has become a consensus that knowledge economy replaces traditional economy,and intellectual property rights have become the core of economic competition.Countries have stepped up their protection of intellectual property rights from the legislation.Benefiting from this,many rights holders with core intellectual property rights can obtain greater economic benefits in return,this has further promoted the development of knowledge economy.However,what is unavoidable is the high incidence of intellectual property infringement disputes accompanied by knowledge economy.The Infringement of intellectual property rights is also common on the Internet.The reason is that some "conveniences" in the network environment are a factor that can not be ignored in the low cost of intellectual property infringement.It is difficult to investigate after the infringement,and the high cost of the investigation makes the infringers increasingly rampant.The biggest characteristic of the network environment is virtuality,and intellectual property rights are precisely intangible property,lacking material entities,and there will be no small difficulty in protecting them.Fortunately,practice shows that in the network environment,the use of intellectual property evidence notarization and preservation of critical infringement evidence can effectively combat infringement.It is the future development direction to give full play to the role of public evidence preservation and to facilitate the prosperity and development of intellectual property in the network environment.This paper firstly uses the validity of notarized evidence as the research primer,and combines some typical cases in China to clarify the specific operation mode of evidence preservation notarization in these legal dispute cases.Taking trademark registration and patent application as examples,the notarization preservation is in these fields.The role played in the litigation,followed by an analysis of the advantages of retaining evidence in a notarized manner,using the San Dio case as an example to demonstrate the full effect of the notarized evidence to preserve the expected effect of the case,the notarized evidence has strong proof of law And better flexibility,so that it shows a better advantage;and then elaborates some problems in the realm of public evidence preservation,evidence preservation notarization in the current public notary office operations in China,there are subject qualifications including the application for notarization,There is also the issue of the jurisdiction of the notary public,the limitation of the notarization of the network intellectual property rights from the aspects of computer cleanliness and network knowledge shortcomings,and the procedural issues that people care about in the notarization process.In response to the existing problems,the author puts forward six suggestions.Firstly,it adapts to the characteristics of the network environment and adapts the system of intellectual property notarization evidence preservation.The second is to study the operational procedures of the notary public at the practical level,paying attention to Authenticity and the choice of appropriate methods;the third is to improve the production of documents,focusing on format and content;the fourth is to build a network notary platform to serve intellectual property protection under the Internet;fifth,from the perspective of the court,hope to strengthen the network evidence The judicial credibility of preservation of notarization;the last is to strengthen the construction of the talent team,because talent is the basic guarantee for the activities.