Research On The Obligation Of Providing Information Of Defendants And Related People In Intellectual Property Infringement Litigation

In intellectual property infringement litigation,the difficulty of proof for compensatory damages hinders the right holders from carrying out judicial rights protection,but the information provision obligation system can effectively reduce the burden of proof by right holders.The obligation of providing information in intellectual property infringement litigation has established legitimacy.The legal basis is the duty of care of the defendant and related persons and the principle of equal weapons.What’s more,intellectual property is intangible,and in the field of intellectual property rights in our country,there is the provision to order the infringer to submit the case-related accounting books and materials,but it is still insufficient,which explains the necessity of its establishment.In the process of improving the evidence collection system for civil litigation,Germany has made the provisions of information obligation in the Intellectual Property Law to promote the realization of the right to claim damages and other claims.Similarly,the expansion of Japan’s production of documents and South Korea’s submission of materials both expanded parties’ means of gathering evidence.Through analysis and summary,it can be concluded that Germany,Japan,and South Korea have common points to the subject,scope of objects,procedural guarantees,and legal consequences of similar systems.In order to ascertain objective facts as much as possible and improve the effectiveness of rights relief,China should construct the system of information provision obligations for defendants and related people in intellectual property infringement litigation.Based on scientific choices about the reasonableness of the foreign information provision obligation system,China’s national conditions and the insufficiency of the current law,China should establish a comprehensive information provision obligation through legislation when constructing the system of information provision obligation.Specifically,establish the information provision obligations of relevant persons,appropriately expand the scope of the obligation,clarify the justification for the sanctions rules for exceptions and violations of obligations,adopt a more comprehensive operating mechanism to ensure the effective operation of the system,and give proper play to the role of courts in reviewing and verifying the truth of the case.