Research On Evidence Of Judicial Protection Of Intellectual Property

Evidence is the core of litigation.In the process of judicial protection of intellectual property,the intangibility of intellectual property leads to the concealment,technicality and destructibility of intellectual property evidence.It is more difficult for parties to obtain evidence than tangible property.In the process of practice,due to the involvement of high-tech means and the application of evidence,the traditional fact finding strategy is changing.Therefore,it is of great theoretical and practical significance to study the current situation and existing problems of the evidence system of judicial protection of intellectual property.First of all,through normative analysis and literature research methods,this paper combs the evidence system of judicial protection of intellectual property,including the definition of the evidence,the content of the evidence,the function and value of the evidence;secondly,it analyzes the application dilemma of the evidence system in the process of judicial protection of intellectual property in China.Then,through the extraterritorial investigation of the evidence system of the judicial protection of intellectual property rights,this paper analyzes the status quo of the evidence system of the judicial protection of intellectual property rights in Germany,Japan,the United States and other countries,and summarizes the experience from it,so as to provide useful reference for improving the evidence system of the judicial protection of intellectual property rights in China Finally,it puts forward some suggestions to improve the evidence system of judicial protection of intellectual property.