2. Investigate and collect evidence through the notary public
3. Apply to the court for evidence preservation
4. Apply to the court for investigation and evidence collection
5. Apply for investigation and evidence collection by administrative agencies
6. Investigation and evidence collection by public security agencies
1. Professional lawyers, especially professional lawyers who specialize in handling trade secret cases, especially Professional lawyers who specialize in handling trade secret cases often have rich legal knowledge and practical experience in handling cases, and are skilled in litigation skills. They can investigate and collect evidence for enterprises based on the protection and complexity of trade secret cases. It is a more effective and wise choice to entrust a lawyer with legal knowledge of trade secrets and rich experience in investigation and evidence collection to conduct investigation and evidence collection. Moreover, Article 35 of my country’s Lawyers Law stipulates that if a lawyer conducts his or her own investigation and collects evidence, he or she may present information related to the legal affairs to the relevant unit or individual under investigation with a lawyer’s practicing certificate and a law firm certificate. It stipulates that lawyers enjoy different degrees of investigation and evidence collection rights at different stages, which provides convenience for lawyers to investigate and collect evidence.
2. Article 36 of the "People's Republic of China and Notarization Law" stipulates that notarized legal acts, legally significant facts and documents should be used as the basis for determining facts. Therefore, trade secret rights holders can make full use of the credibility of notarization to preserve important evidence before litigation and prevent the infringer from destroying the evidence or making it difficult to obtain evidence in the future. Notarization of certain actions or facts through a notary office is also an effective way to obtain evidence.
3. Article 74 of my country's "Civil Procedure Law" stipulates that when evidence may be lost or difficult to obtain in the future, litigation participants may apply to the People's Court for evidence preservation. An application for pre-litigation evidence preservation shall be in writing and shall generally be submitted before the expiration of the time limit for producing evidence. In the pre-litigation stage, when the trade secret right holder collects evidence of infringement by the infringer and discovers that the infringer is actively destroying or transferring the evidence, or the evidence may be lost due to the characteristics of the evidence itself, he may apply to the court for pre-litigation evidence preservation. People's After the court accepts the application, and upon review determines that the pre-litigation evidence preservation conditions are met, the court will rule to approve the application and implement it immediately. But at the same time, the applicant should also pay preservation fees and provide evidence and clues in accordance with the relevant provisions of the law.
4. Evidence preservation. For some special evidence materials, since ordinary people such as enterprises and individuals cannot obtain them, Article 17 of the "Several Provisions of the Supreme People's Court on Evidence in Civil Litigation" stipulates that under any of the following circumstances, the parties and their litigation agents may When applying for investigation and collection of evidence by the People's Court: (1) The evidence collected by the application for investigation belongs to the archival materials preserved by the relevant state departments and should be acquired by the People's Court in accordance with its authority; (2) Materials involving state secrets, commercial secrets, and personal privacy; (3) ) Other materials that the parties and their litigation attorneys cannot collect due to objective reasons. Therefore, applying to the court for investigation and evidence collection is also an important way for trade secret rights holders to obtain evidence.
5. When the owner of a trade secret discovers that the trade secret has been infringed upon, he may apply to the industrial and commercial administration authorities at all levels to investigate and deal with the infringement of trade secrets in accordance with the provisions of the "Several Provisions on Prohibiting the Infringement of Trade Secrets" . During the investigation and handling process, the industrial and commercial administration authorities have the right to seize infringing products, retrieve and copy contracts, account books and other relevant documents related to the case as necessary; question the parties and witnesses; and conduct on-site investigations using means such as measurement, photography and video recording. The documentary evidence, transcripts and physical objects passed by the industrial and commercial administration authorities based on the above-mentioned acts are all strong evidence to prove the infringement of the infringer and have high evidentiary effect in court. The trade secret right holder may decide whether to collect evidence in this way based on the specific circumstances in which the infringement is discovered.
6. The public security organs are the statutory organs for case investigation in my country. They have strong investigative power, advanced technical equipment, and rich investigative experience. The state has given them investigative powers. The characteristics of criminal cases of trade secret infringement are generally that the criminal methods are concealed and it is difficult for the victim to provide evidence. It is a wise choice for the public security organs to intervene. my country's "Criminal Procedure Law" stipulates that when the right holder discovers the fact of infringement of trade secrets, he can report the case to the public security agency. If the public security agency believes that the conditions for filing a case are met, the case will be filed and special investigation methods will be used to investigate and collect evidence.