What is the evidence related to intellectual property litigation?

1. Evidence of rights The evidence of rights provided by a party usually needs to be proved: (1) The party is the obligee or its interested party, so he is a legitimate plaintiff or complainant; (2) This intellectual property right legally exists and is valid in China and can be exercised according to law. As far as trademark rights are concerned, the purpose of submitting such evidence is to prove the ownership of trademark rights, what kind of trademark is protected and whether it is a well-known trademark, so as to determine the scope of protection of trademark rights. Mainly includes: a. Trademark registration certificate (if the color is specified, the original trademark registration certificate must be submitted) and renewal procedures. If it is an international trademark registration, the State Trademark Office will issue a certificate that the international registration is valid in China. B. certificate of well-known trademark. As far as the patent right is concerned, the purpose of submitting this evidence is to clarify the ownership, right status and effective period of the patent and determine the scope of protection of the patent right. Mainly includes: a. Patent certificate, including authorization claim, specification and drawings. Where the patent right has been declared invalid or revoked and the patent document has been changed, the corresponding administrative examination decision shall be submitted. If it is a patent for utility model, it is best to have a search report issued by China National Intellectual Property Administration to prove that the utility model is patentable. B. receipt of the latest annual fee. C. Where the patentee and the patentee, as * * *, jointly file an infringement lawsuit with the plaintiff, they shall also submit an exclusive license contract. 2. Evidence of Infringement The evidence of infringement provided by the parties shall be able to prove that the defendant has committed or is committing the alleged infringement. For example, the defendant's publicity materials, the defendant's product samples, the defendant's product sales contract, sales invoices and so on. Evidence of trademark infringement of the defendant. The purpose of submitting these evidences is to confirm the form and scope of infringement of the plaintiff's trademark rights by the defendant. It mainly includes: accused infringing products produced by the defendant and sales invoices, sales contracts, audio-visual materials, etc. When the plaintiff cannot obtain the alleged infringing products, the invoices and contracts for selling the alleged infringing products can also be used as direct evidence. Submitting evidence that the defendant infringed on his patent right proves that the defendant infringed on the plaintiff's patent right, which is the factual basis for ordering the defendant to bear civil liability for infringement. 3. Evidence of damages In an infringement lawsuit, if the plaintiff demands compensation from the defendant, it shall submit the calculation method of the compensation amount. In several cases of infringement of intellectual property rights, there is more than one method to calculate the amount of compensation, and several methods can be used. Therefore, the plaintiff should choose the most favorable calculation method to protect his legitimate interests and submit corresponding evidence. There are three ways to calculate the amount of compensation for trademark infringement. (1) is the benefit obtained by the infringer during the infringement period, which can be calculated according to the product of the sales volume of the infringing goods and the unit profit of the goods; If the unit profit of a commodity cannot be determined, it shall be calculated according to the unit profit of a registered trademark commodity. (2) Or the losses suffered by the infringee due to the infringement during the infringement period, including the reasonable expenses (including investigation fees and attorney fees) paid by the infringee to stop the infringement, can be calculated according to the product of the sales reduction of the goods caused by the infringement or the sales volume of the infringing goods and the unit profit of the registered trademark goods. (3) Or the people's court may award compensation of less than 500,000 yuan according to the circumstances of infringement. When determining the amount of compensation, the people's court mainly considers the nature, period and consequences of the infringement, the reputation of the trademark, the amount of trademark license fee, the type, time and scope of trademark license, and the reasonable expenses paid to stop the infringement. In patent infringement cases, the purpose of submitting evidence is to explain the calculation method of the specific amount of compensation for economic losses or the main factors considered by the plaintiff according to the infringement facts and the principle of tort liability stipulated in the Patent Law and its relevant provisions, so as to make the court pay attention to the rationality of the plaintiff's claim. 4. Evidence about the infringer's situation The exact name, address, enterprise nature, registered capital, number of personnel and business scope of the infringer are all things that the right holder must know. According to the specific situation of the infringer, the obligee adopts targeted strategies and schemes. Determine the litigation or administrative anti-counterfeiting plan, and determine the jurisdiction. To sum up, as long as the intellectual property rights are infringed by others and cause great losses to themselves, it is possible to go through litigation procedures, but litigation must also be handled with legal evidence. Therefore, evidence collection must be carried out legally in different ways so as not to bear corresponding legal responsibilities.