1. Documentary evidence: generally notarized. After the patentee discovers the infringement through market research, he will generally apply to the notary office for notarization of the process of purchasing the infringing products and the purchased infringing products, or investigate and notarize the infringing site (such as promising to sell) or the installation place of the infringing products, and obtain a notarial certificate, thus proving the defendant's infringement. In the process of notarization and evidence collection, the patentee had better take the initiative to ask the seller for the product description, business card, purchase invoice or receipt of the seller of the infringing product, so as to further clarify the producer and seller of the product. At the same time, the patentee may ask the notary office to explain the source and authenticity of the above materials and record them in the notarial certificate. In addition, by the way, you should also consider it when choosing a notary office. For example, in provincial capital cities, you can choose provincial notary offices instead of district notary offices. One possibility is that the district notary office lacks experience, and the other possibility is that the district notary office excuses for various reasons out of local protection or fear of retaliation. The author once encountered such a problem when applying for notarization in Tianjin and Zhengzhou, and the district notary office refused to accept it. However, the Tianjin Notary Office and the Henan Notary Office accepted the notarization application in time and conducted evidence preservation notarization efficiently. 2. Physical evidence: infringing products purchased by the patentee from the market. The purchased infringing products are sealed and photographed by notaries. Before submitting it to the court, the plaintiff should ensure that the seal is intact, otherwise the defendant can raise an objection during the cross-examination and refuse to admit the infringing product.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 120 Where the civil rights and interests are infringed, the infringed has the right to request the infringer to bear the tort liability.
Article 183 Where an infringer damages himself by defending the civil rights and interests of others, he shall bear civil liability and the beneficiary may give him appropriate compensation. If no infringer or infringer escapes or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.
Article 167 Where an infringement endangers the personal and property safety of others, the infringed party has the right to demand the infringer to bear the tort liability of stopping the infringement, removing the obstruction and eliminating the danger.
Article 168 Where two or more persons jointly infringe and cause damage to others, they shall be jointly and severally liable.