What are the phenomena of induced evidence collection
The phenomenon of induced evidence collection mainly refers to the deliberate use of force against people who are considered to have violated their rights. Transactions and other methods are used to induce the other party to commit infringement acts to obtain evidence of infringement.
Induced evidence collection characteristics
1. Strong correlation.
2. There is a certain inducement in purchasing evidence collection methods. The plaintiff only knew about the defendant’s infringement but had no preliminary evidence. He went to the defendant many times to purchase designated counterfeit goods. Even if he was rejected, he insisted on asking the defendant to find ways to provide counterfeit goods. Some defendants might temporarily transfer goods from other places or help others. For sale.
3. Secure the evidence through notarization. In the process of obtaining infringing products, the plaintiff usually applies to a notary authority to issue a notarization certificate on the evidence and process obtained in the aforementioned manner.
4. Have certain legal basis. The relevant judicial interpretation of the Supreme Court has stipulated that the physical objects, invoices, etc. obtained by the parties themselves or entrusting others to purchase infringing copies by ordering, on-site transactions, etc. can be used as evidence; the notarial certificate issued by the notary truthfully regarding the above-mentioned evidence and process of acquisition , can also be used as evidence.
Inducing reasons for obtaining evidence
1. The infringement is highly concealed and difficult to reproduce .Trademark infringement generally occurs at the infringer's production and business premises, and the behavior lasts for a short period of time, making it difficult for the right holder to approach.
2. Evidence preservation is difficult. The premise of evidence preservation is that the right holder can provide preliminary evidence. In practice, because it is difficult for the right holder to provide preliminary evidence, evidence preservation lacks operability.
3. There are limitations in court investigation and evidence collection. According to our country’s current Relevant regulations state that the People's Court's investigation and evidence collection in civil litigation is subject to a series of formal and substantive requirements, which has great limitations and relies more on the parties to complete the production of evidence.
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