How to collect evidence in trademark infringement litigation
1. Entrust a lawyer to investigate and collect evidence
Due to the highly professional nature of trademark rights cases, it is up to the right holder to collect evidence on his own, and it will be difficult to accurately grasp the direction and scope of evidence collection. Lawyers specialize in legal work. They not only have rich legal knowledge, but also have rich experience in handling cases and skilled litigation skills. Generally speaking, the investigation and evidence collection by two lawyers is more convenient and effective than the investigation and evidence collection by the parties. The scope of evidence collection is also wider and more precise, and it often has higher credibility in judicial practice.
2. Apply to the notary office for evidence preservation
One of the statutory businesses of the notary office is " Preserve evidence.” Notarized evidence has the effect of being presumed to be true and is generally directly accepted by the court, unless there is contrary evidence sufficient to overturn the notarized evidence. The effect of the preservation of evidence by the notary public is basically the same as 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
In trademark infringement cases, you can apply 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 be liable for compensation for the losses caused.
4. Apply to the People's Court to obtain evidence
Unable to obtain evidence on your own due to objective reasons, or After the means of investigating key evidence that can affect the case have been exhausted, or the people's court deems the evidence necessary to hear the case, the people's court shall investigate and collect it. Usually divided into three categories:
(1) Preserve the products accused of infringement;
(2) Investigate the financial accounts of the unit accused of infringement in order to determine the amount of compensation;
(3) Obtain evidence of infringement by the alleged infringer.
Parties who apply for court investigation and evidence collection should pay attention to two points: first, the scope of evidence applied for investigation must comply with the legal circumstances; second, this application must pay attention to the time limit for producing evidence.
The court usually takes photos of the allegedly infringing products of Yi Photo, or records the technical features of the alleged infringing products, and then Easily accessible books and trademarks are seized and extracted through methods such as seizure. However, financial account books of alleged infringers are often extremely difficult to obtain due to obstruction or concealment by the infringers.
5. Report to the administrative agency and collect evidence
After reporting to the industrial and commercial and public security departments where the infringement is located, the above The department can review and copy contracts, account books and other relevant documents related to the case, question the parties and witnesses, and conduct on-site law enforcement inspections by taking photos and videos. If the exclusive right to use a trademark is suspected of infringement, the above-mentioned administrative law enforcement departments may count the quantity and specifications of the suspected infringing products and then seal them and take samples from them.
The above is the relevant content compiled by the editor for you. If you have other questions, you can consult online with the lawyers at our Legal Savior Network.
