What are the methods of collecting evidence for intellectual property rights?

Intellectual property infringement cases occur very frequently. When everyone is thinking of ways to protect their legal rights, they will also worry about how to obtain evidence in intellectual property litigation. So what are the methods of obtaining evidence for intellectual property rights? In order to answer your doubts, the editor of Hualv has compiled relevant knowledge for you and analyzed it for you. We hope it can help you.

What are the methods for collecting evidence for intellectual property rights

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 obtain evidence by himself. It will be difficult to grasp the direction and scope of evidence collection 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 more difficult for lawyers to investigate and collect evidence than for parties Investigation and evidence collection are much more convenient, and the scope of evidence collection is 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

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One ​​of the statutory duties of the notary office is to "preserve evidence ". Notarized evidence has the effect of being presumed to be true. "CivilThe Procedural Law of the People's Republic of China stipulates: "The People's Court shall confirm the validity of legal acts, legal facts and documents that have been notarized. However, this shall not be the case 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

After preservation measures are taken, the party or interested party 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.

4. Apply to the People's Court to obtain evidence

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Article 64 of my country’s Civil Procedure Law : The People's Court shall investigate and collect evidence that the parties and their agents cannot obtain on their 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, preserve the allegedly infringing products;

Second,Investigate the financial account books of the unit accused of infringement to determine the amount of compensation;

Third, obtain evidence of the alleged infringer’s infringement.

5. Apply for administrative investigation and evidence collection

There are special regulations on investigation and evidence collection. In the process of investigating and handling cases, the patent management department may investigate and collect relevant evidence in accordance with its authority as necessary. You can check and copy contracts, account books and other relevant documents related to the case; interrogate the parties and witnesses; and conduct on-site inspections by measuring, taking photos, and videotaping.

If suspected of infringing a manufacturing method patent, manage the patent The department where the person is working can require the respondent to conduct an on-site demonstration. If a product patent is involved, samples can be taken from the allegedly infringing product.

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