Research On The Rules Of Electronic Data Identification In Intellectual Property Litigation

In the Internet era,the invisibility and replicability of the object of intellectual property rights makes it easier to retain intellectual property evidence through electronic data.However,there is no unified provision for the current legal system of the identification rules of electronic data,and there is a lack of corresponding reference rules for the examination and judgment of authenticity,legality and relevance,which makes the identification standards of electronic data uneven.In practice,how to effectively identify the "three characteristics" of electronic data in order to solve intellectual property disputes in the Internet era has become a legal problem.By analyzing the characteristics of electronic data in practice in intellectual property litigation,and combining with the actual situation in the current practice of intellectual property litigation in our country,this article takes the evidence application of electronic data in intellectual property litigation as the research perspective.this article makes a systematic study on the evidence attributes and identification rules of electronic data.According to the mainstream theory of the attribute of evidence in Chinese academic circles,this article analyzes the existing identification rules from three aspects: authenticity,legality and relevance of electronic data,and puts forward some suggestions for improvement.The full text is divided into four parts to discuss the electronic data identification rules of intellectual property litigation in China.The first part puts forward the main problems existing in the practice of the identification of electronic data in intellectual property litigation.First of all,through case statistics,analyzes the application trend of electronic data in intellectual property litigation,and through case analysis,the article makes statistics and analysis on the judge's attitude towards the identification of electronic data in practice.furthermore,it puts forward the main problems existing in the authenticity,legality and relevance of electronic data in intellectual property practice.The second part is about the identification of the authenticity of electronic data.Combined with the provisions of the new law,this article discusses the problems existing in the application of civil electronic data authenticity identification rules and technical identification rules in intellectual property litigation,and puts forward feasible suggestions to improve the existing general rules of electronic data authenticity cognizance.It also analyzes the two outstanding specific problems in the practice of thenetwork platform release information and the third-party security platform,and further puts forward some suggestions for improvement.The third part is about the legitimacy of electronic data.Starting from the content of the legitimacy of electronic data,this article analyzes the universality of legality in the judicial practice of intellectual property rights,including the exclusionary rule of illegal evidence,the protection of the right of the parties to collect evidence and the problem of evidence preservation system,and puts forward the corresponding perfect conception.At the same time,this article analyzes the legitimacy of the three typical electronic data in practice,and tries to unify the judicial practice.The fourth part is about the identification of the relevance of electronic data.The relevance of electronic data in intellectual property litigation is not significantly different from that in other procedural laws.Therefore,this article first defines the "double connection" characteristics of electronic data put forward by scholars in recent years.After analyzing the five correlations of electronic data,this article clarifies the identification rules of electronic data relevance in intellectual property judicial practice from the point of view of the technical method of relevance identification.From the perspective of improving the forensics system to improve the efficiency of electronic data relevance identification.