1. Self-collection of evidence and entrusting a lawyer to investigate and collect evidence
Due to the highly professional nature of intellectual property cases, it is up to the rights holder to collect evidence on his own, and he will have a very accurate grasp of the direction and scope of evidence collection. A certain level of difficulty. Lawyers specialize 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 much more convenient for lawyers to investigate and collect evidence than for litigants, and the scope of evidence collection is also more extensive and precise. In judicial practice, judges often treat lawyers differently and provide more convenience.
2. Apply to the notary office for evidence preservation
One of the legal tasks of the notary office is to “preserve evidence.” Notarized evidence has the effect of being presumed to be true. Article 59 of the Civil Procedure Law 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
Article 25 of the 2002 Supreme Court's "Regulations on Several Issues Concerning Evidence in Civil Procedures": "Laws and judicial interpretations provide for pre-litigation evidence If it is preserved, it shall be handled in accordance with its regulations.” This establishes a legal basis for parties or interested parties to apply to the court for pre-litigation evidence preservation.
4. Apply to the People’s Court to obtain evidence
Article 64 of my country’s Civil Procedure Law stipulates: Evidence that the parties and their agents cannot obtain on their own due to objective reasons, or The People's Court shall investigate and collect 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.