China’s 14 th Five-Year Plan proposes to promote the development of intellectual property work,constantly improve the construction of China’s intellectual property system,and create a sound business environment based on legislation.With the continuous improvement of people’s awareness of intellectual property protection,Intellectual property rights holders’ awareness of claiming damages has also been increasing.Large amount of compensation for damages has a more obvious effect on combating intellectual property infringements and preventing the recurrence of infringements.However,the determination of the amount of compensation must be based on true and competent evidence.In recent years,more and more out-of-court admission as evidence appeared in the trial process,pointed facts are critical for the judgment in a case.In intellectual property infringement cases,the characteristics of intellectual property determine the difficulty in evidence collection and proof in intellectual property cases.Specific amount of the loss of the right holder and the profit of the infringer were usually difficult to determine for judges.Therefore,when determining the specific compensations,the judge tended to refer multiply factors.Normally,the out-of-court confession of perpetrator is a kind of important evidence,which has a great influence on the compensations.Due to lack of clear rules for the identification of evidence,there are great differences in the identification results related to the evidence capability and the probative value of out-of-litigation confession from judges.Consequently,to help judges to identify the facts and judge the case in judicial practice,the identification rules of evidence that from outside litigation confession have to be perfected to better play the value of evidence from outside litigation confession.This paper takes the trademark infringement case of Finland Metso Corporation versus Shenyang Shantai Company as an example,briefly sorts out the basic situation of the case,makes an in-depth analysis of the dispute focus,investigates the intellectual property cases involving outside litigation confession,and summarizes the forms and worth of probative value of outside litigation confession in the cases.This paper is concentrated on judgment for the probative value of outside litigation confession.The probative value of outside litigation confession is different from the confession in the procedure.The worth of confession from outside procedure needs to be examined by the legal procedure and the supplementary documents of relevant evidence.The research on non-litigation confession mainly revolves around the following aspects:First of all,the author made a comparative analysis between outside litigation and in litigation confession theoretically,and studied the characteristics,forms,evidential capability and probative value of the outside litigation confession.Secondly,investigated the currently applied situation of outside litigation confession and summarized the audit program and reasonable of judgement on outside litigation confession.Finally,combining theory and practice,analyzed the necessary audit program in the process that identifying the probative value of outside litigation confession.The confession can be main evidence for case judgement only after the preliminary audit of the court and the evidence provided by both parties.Based on the research of probative value from outside litigation confession,the dissertation further investigated the application status of outside litigation confession in the relevant foreign legal provisions.It also puts forward some suggestions on the application of outside litigation confession combined with the characteristics of compensation for intellectual property damage,such as the ability of evidence for self-confession outside litigation,the audit program.So as to improve the probative value of outside litigation confession and better play to its practical value in the compensation of intellectual property damage. |