Of course, the enterprise knows its own free trade secrets best, such as the secret points of the information it wants to protect, so it is understandable that the enterprise can obtain evidence at most. However, due to the high demand for evidence in trade secret cases, enterprises may not be able to better grasp the scope and methods of obtaining evidence, so enterprises can choose to hire professional lawyers to help complete the evidence collection work.
Professional lawyers, especially those who are good at handling trade secret cases, often have rich legal knowledge and practical experience in handling cases, skilled litigation skills and the ability to investigate and collect evidence for enterprises to protect trade secrets, in view of the professionalism and complexity of trade secret cases.
Article 35 of China's "Lawyers Law" stipulates that lawyers can investigate and collect evidence by themselves, and can investigate the situation related to undertaking legal affairs by virtue of lawyer's practice certificate and law firm certificate. This provision gives lawyers the right to investigate and collect evidence at different stages and provides convenient conditions for lawyers to investigate and collect evidence.
2, the notary public notary preservation.
Notarization and evidence collection is to record the process of obtaining evidence by the right holder with the credibility of the notary office, stamp the obtained evidence in the notary office and submit it to the court as litigation evidence. With the deepening of Chinese citizens' understanding of notarization system, notarial certificates appear more and more in litigation. It is understood that in the main business undertaken by the notary department in China, notarization and evidence collection account for a large proportion. Due to the special status of the court, it is impossible for the public security and industrial and commercial departments to invest huge energy and material resources in obtaining evidence in every case, and the notary department actually played an important role in assisting in obtaining evidence.
3. Apply to the court for evidence preservation.
Article 74 of China's Civil Procedure Law stipulates that in the case that the evidence may be lost or difficult to obtain later, the litigant participants may apply to the people's court for evidence preservation. The application for pre-litigation evidence preservation shall be made in writing, usually before the expiration of the time limit for adducing evidence.
In the pre-litigation stage, when collecting the evidence of the infringer's infringement, the trade secret holder finds that the infringer is actively destroying or transferring the evidence, or the evidence may be lost due to its own characteristics, and may apply to the court for pre-litigation evidence preservation. After accepting the application, the people's court will make a ruling to approve the execution and execute it immediately. But at the same time, the applicant should also pay the security fee and provide evidence clues according to the relevant provisions of the law.
4. Apply to the court for investigation and evidence collection.
It is impossible for ordinary people such as enterprises and individuals to apply for court investigation and evidence collection for some special evidence materials. Therefore, Article 17 of the Provisions of the Supreme People's Court on Evidence in Civil Litigation stipulates that if one of the following conditions is met, the parties and their agents ad litem may apply to the people's court for investigation and evidence collection:
The evidence collected in the application for investigation belongs to the archival materials kept by the relevant state departments and needs to be obtained by the people's court ex officio;
Materials involving state secrets, commercial secrets and personal privacy; Other materials that the parties and their agents ad litem cannot collect by themselves due to objective reasons.
5. Apply to the administrative department for industry and commerce for investigation and evidence collection.
When a business secret holder discovers that a business secret has been infringed, he may apply to the administrative authorities for industry and commerce at all levels for investigation in accordance with the provisions of Several Provisions on Prohibiting Infringement of Business Secrets. The administrative department for industry and commerce has the right to seal up the infringing products during the investigation, and can consult and copy the contracts, account books and other relevant documents related to the case as needed; Questioning the parties and witnesses; Conduct on-site inspection by means of measurement, photography and video recording. Documents, transcripts and objects obtained by the administrative department for industry and commerce according to law through the above acts are strong evidence to prove the infringer's infringement and have high evidence effect in court. When discovering the infringement, the right holder of trade secrets can decide whether to collect evidence in this way according to the specific circumstances.
6. Collect evidence through investigation by public security organs.
The public security organ is the legal organ for investigating cases in China, which has strong investigative power, advanced technical equipment and rich investigative experience, and the state gives it investigative power. Criminal cases of crimes against commercial secrets generally have the characteristics of hidden criminal means and difficulties for victims to prove, so it is wise to choose public security organs to intervene. China's "Criminal Procedure Law" stipulates that the owner of a trade secret may report the infringement to the public security organ when he finds it. If the public security organ considers that it meets the conditions for filing a case for investigation, it shall file a case and use special investigation means to investigate and collect evidence.