What are the methods for investigating evidence of intellectual property infringement
Common methods for investigating evidence of intellectual property infringement include:
1. Collect evidence by yourself.
2. Entrust a lawyer to investigate and collect evidence. Because intellectual property cases are highly professional, it is difficult for the right holder to obtain evidence on his own and to accurately grasp the direction and scope of evidence collection. Lawyers specialize 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 more extensive and precise.
3. Entrust an investigation company to collect evidence. Investigation companies often have some criminal investigation and special personnel with professional investigation skills and equipment, and have good cooperative relations with various government departments and information departments. Through their investigations, some secret infringements can often be revealed.
4. Notarize evidence through a notary authority. One of the statutory duties of the notary office is to “preserve evidence”, and notarized evidence is presumed to be true by law. Making full use of the notary public to collect and preserve evidence is an important choice in pre-litigation preparations.
5. Apply to the court for pre-litigation evidence preservation.
After preservation measures are taken, the parties or interested parties shall File a lawsuit within the statutory time period. If no 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.
6. Apply to the court to obtain evidence. At the same time as filing a patent infringement lawsuit, an application for obtaining evidence was filed and the court was asked to investigate and collect evidence. The evidence obtained is usually divided into three categories: first, preserving the alleged infringing product; second, investigating the financial account books of the alleged infringing unit in order to determine the amount of compensation; third, obtaining evidence of infringement by the alleged infringer.
You should pay attention to two points when applying for court investigation and evidence collection: First, The scope of evidence applied for investigation must comply with legal circumstances; secondly, this application must pay attention to the time limit for producing evidence.
The court usuallyThe measures taken are to take photos of the accused infringing products that are easy to take pictures, or to record the technical characteristics of the accused infringing products, and to seize and extract products that are easy to retrieve.
7. Apply to the administrative agency for investigation and evidence collection. In the process of investigating and handling cases, patent authorities at all levels may consult and copy contracts, account books and other relevant documents related to the case as necessary; question the parties and witnesses; and conduct on-site inspections by means of measurement, photography, video, etc. If a manufacturing method patent is suspected of infringement, the patent management department may require the person under investigation to conduct an on-site demonstration. If a product patent is involved, samples can be taken from the allegedly infringing product.
The above is the relevant content summarized by the editor of Legal Savior Network , if there is anything you still cannot understand about this article, you can find a lawyer for consultation and guidance through the Legal Savior Network. They can tell you the answer directly.
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