What are the investigation and evidence collection methods for intellectual property litigation
1. Collect evidence by yourself and entrust a lawyer to investigate and collect evidence
Due to the highly professional nature of intellectual property cases, the right holder must collect evidence on his or her own. It will be difficult to grasp the scope and scope very accurately. Lawyers are professionals who engage in legal work and provide legal services to the society. Lawyers not only have rich legal knowledge, but also have rich case-handling experience and skilled litigation skills, and can make appropriate choices for the parties at different stages of litigation.
Generally speaking, it is much more convenient for lawyers to investigate and collect evidence than for litigants, and the scope of evidence collection is also broader and more precise. In judicial practice, judges often treat lawyers differently and provide more convenience.
2. Apply to a notary authority for evidence preservation
One of the statutory duties of the notary office is to "preserve evidence ". Notarized evidence has the effect of being presumed to be true. Article 69 of the "Civil Procedure Law" stipulates: "The people's court shall confirm the validity of legal acts, legal facts and documents that have been notarized. However, unless there is contrary evidence that is sufficient to overturn the notarized certification." The effect of the preservation of evidence by the notary public is equivalent to the preservation by the court in accordance with its authority. Before litigation, the parties can make full use of the notary public to collect and preserve evidence, which is an effective measure to prepare for litigation.
3. Apply to the court for pre-litigation evidence preservation
The Judicial Interpretation "Interpretation on Legal Issues Applicable to Stopping Infringement of the Exclusive Rights of Registered Trademarks and Preserving Evidence Before Litigation" implemented by the Supreme Court in January 2002 stipulates that in cases of trademark infringement , you can apply for pre-litigation evidence preservation.
After preservation measures are taken, the parties or interested parties should file a lawsuit within the statutory time period. If there is no requestIf a lawsuit is filed in court, such preservation measures should be lifted, or the relevant evidence should be destroyed or returned, and the applicant will also be liable for compensation for the losses caused.
4. Apply to the People's Court to obtain evidence
Article 64 of my country's "Civil Procedure Law" stipulates: The parties and their agents The People's Court shall investigate and collect evidence that a person cannot obtain on his own due to objective reasons, or evidence that the People's Court deems necessary to hear the case. Based on this, parties often file an application for evidence collection while filing patent infringement, trademark infringement and copyright infringement lawsuits. The evidence collected is usually divided into three categories: first, preservation of the allegedly infringing product; second, investigation Financial account books of the unit accused of infringement in order to determine the amount of compensation; third, obtain evidence of infringement by the accused infringer.
According to the Civil Procedure Law and relevant judicial interpretations of the Supreme Court, the court has two modes of operation in investigating and collecting evidence: First, it actively investigates and collects evidence in accordance with its authority. When it comes to facts and related procedural matters that may be harmful to national interests, social public interests or the legitimate rights and interests of others, the court should take the initiative to investigate and collect evidence ex officio without the need for the parties to apply for evidence. The second is to obtain evidence based on the application of the parties.
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