1. What evidence should be submitted in intellectual property litigation?
1, copyright dispute case
(1) Evidence of the plaintiff's copyright, such as: the manuscript and original of the work, the certification materials of the creation of the work, the transfer or licensing contract of the copyright, etc.
(2) Evidence of the defendant's infringement, such as infringing copies and invoices for selling infringing copies.
2. Cases of infringement of trade secrets
(1) Evidence to prove that the plaintiff has certain trade secrets or technical secrets, such as secret research and development, materials formed, contracts for accepting secrets, etc.
(2) The defendant illegally obtains, discloses or uses the evidence of trade secrets or technical secrets without the permission of the plaintiff, such as: contacting the proof materials of the secrets without the permission of the plaintiff; Buy off the plaintiff's staff and induce them to disclose the secret proof materials.
3, technical contract dispute cases
Written contract, technical data related to the contract, feasibility report, technical evaluation report, project task book and plan, technical standards and specifications, original design and process documents, technical drawings, relevant technical forms and data photos, etc.
4. Patent infringement cases
(1) patent certificate, patent application documents, search report made by the State Council patent administration department and other rights certificates;
(2) Evidence of infringement, such as infringing products, ordering contracts or transfer contracts between infringers and others, sales invoices of infringing products, infringing product manuals, technical comparison documents, etc.
5. Trademark dispute cases
(1) Evidence that the plaintiff enjoys the trademark right, such as: trademark registration certificate, goods using the trademark, decreased sales of goods using the trademark, profits of goods using the trademark, advertisements of the trademark and goods using the trademark, etc.
(2) Evidence of the defendant's infringement, such as infringing products and their quantity and profit, sales invoices of infringing products, etc.
Second, how to be a qualified plaintiff
Plaintiffs in intellectual property civil disputes can be parties to intellectual property contracts, intellectual property rights holders and interested parties related to intellectual property rights.
Interested parties include monopolists of intellectual property rights, licensees who exclusively implement licensing contracts, and legal successors of intellectual property rights.
Third, the investigation and evidence collection methods of intellectual property litigation.
1, collect evidence by himself and entrust a lawyer to investigate and collect evidence.
Due to the strong professionalism of intellectual property cases, it will be difficult for the obligee to obtain evidence by himself, and it is very difficult to accurately grasp the direction and scope of obtaining evidence. Lawyers specialize in legal work and provide legal services to the society as their profession. Lawyers should not only have rich legal knowledge, but also have rich experience in handling cases and skilled litigation skills, so that the parties can make appropriate choices at different stages of litigation.
Generally speaking, it is much more convenient for lawyers to investigate and collect evidence than the parties, and the scope of evidence collection is more extensive and accurate. In judicial practice, judges often treat lawyers differently and provide more convenience.
2. Apply to the notary office for evidence preservation.
One of the statutory businesses of the notary office is to "preserve evidence". Notarized evidence has the effect of presumption of truth. Article 69 of the Civil Procedure Law stipulates: "The people's court shall confirm the validity of notarized legal acts, legal facts and documents. However, unless there is enough evidence to the contrary to overturn the notarial certificate. " The evidence preservation of notary office has the same effect as that of the court ex officio. Before litigation, the parties can make full use of the notary office to collect and preserve evidence, which is an effective measure to make good preparations before litigation.
3. Apply to the court for evidence preservation before litigation.
The judicial interpretation of the Supreme Court, which was implemented on June 5438+ 10, 2002, stipulates that trademark infringement cases may apply for pre-litigation evidence preservation.
After taking protective measures, the parties or interested parties shall bring a lawsuit within the statutory time limit. If no lawsuit is brought to the court, such preservation measures shall be lifted, or relevant evidence shall be destroyed or returned, and the applicant shall also bear the losses caused thereby.
4. Apply to the people's court for evidence.
Article 64 of China's Civil Procedure Law stipulates that the people's court shall investigate and collect evidence that the parties and their agents cannot obtain on their own due to objective reasons, or evidence that the people's court considers necessary for hearing a case. Based on this, when the parties file patent infringement, trademark infringement and copyright infringement lawsuits, they often apply for evidence collection. The evidence obtained is usually divided into three categories: one is to preserve the accused infringing products; Second, investigate the financial books of the alleged infringement unit to determine the amount of compensation; Third, collect the evidence of the alleged infringer's infringement.
According to the provisions of the Civil Procedure Law and the judicial interpretation of the Supreme Court, there are two ways for the court to investigate and collect evidence: one is to take the initiative to investigate and collect evidence according to its authority. Involving facts and related procedural matters that may harm national interests, social public interests or the legitimate rights and interests of others, the court shall take the initiative to investigate and collect evidence according to its functions and powers, without the need for the parties to file an application for evidence collection. The second is to collect evidence according to the application of the parties.
After the scope of the court's initiative to obtain evidence is narrowed, it is becoming more and more important for the parties to apply for evidence investigation. If there is a lack of timely application for evidence investigation by the parties, the court will generally not take the initiative to investigate the evidence. Whether the court starts the investigation and evidence collection mechanism after the parties file an application for evidence investigation depends on the court's review and judgment. Only when the application submitted by the parties meets the scope of evidence collection by the court, the court has the obligation to investigate and collect evidence, otherwise the court shall reject the application.
When the parties apply for court investigation and evidence collection, they should pay attention to two points: first, the scope of evidence applied for investigation must conform to the legal situation; Second, this application must pay attention to the time limit for proof.
The usual measures taken by the court are to take photos of the accused infringing products that are easy to obtain, or to record the technical characteristics of the accused infringing products, and to seal up and extract the easily obtained account books and trademarks, while the financial account books of the accused infringer are often extremely difficult to obtain because of the obstruction or concealment of the infringer.
5. Apply to the administrative organ for investigation and evidence collection.
The above is about what evidence should be submitted in intellectual property litigation, and I hope it will help you. Plaintiffs in intellectual property civil disputes can be parties to intellectual property contracts, intellectual property rights holders and interested parties related to intellectual property rights. If you have any other legal questions, welcome to the consultation platform, and online lawyers will provide you with professional answers.