Application Of Social Science Evidence In Intellectual Property Litigation

The determination of the facts of the case through legal reasoning and trial experience has been unable to meet the needs of current judgments.Due to professional restrictions and limited horizons,judicial judgments need natural and social sciences to intervene to alleviate the judges 'crisis of knowledge.The external manifestations of the intervention of natural sciences and social sciences are the emergence of scientific evidence and social science evidence.Scientific evidence based on the natural sciences Chinese scholars have conducted in-depth research?However,there are few applicable studies on social science evidence,and most of them are concentrated on the research of social science evidence in the Anglo-American legal system.In fact,in the judicial practice of China,social investiga tion evidence,a typical social science evidence,has appeared in the field of intellectual property to provide evidence of trademark infringement,damage compensation,and unfair competition.This article takes social science evidence as a research perspective and relies on China's intellectual property litigation cases to try to improve the application of social science evidence in China from a practical perspective.Through case statistics and analysis of key cases,it is found that in practice,the reliability and validity of social science evidence are reduced due to the irregular production process.There are doubts about the admissibility of social science evidence,which makes the judges have different attitudes towards social science evidence.The inconsistency of review standards hinders the application of social science evidence in intellectual property litigation in China.Compared outhers,the scope of application of social science evidence in China is limited to fact finding,and the scope of application of cases is relatively narrow.Standardizing the process of making social science evidence,clarifying the qualifications for admitting social science evidence,and unifying the review standards for social science evidence can promote the use of social science evidence in intellectual property litigation in China.