There are generally several ways to collect evidence of copyright infringement: 1. Collect evidence by yourself or entrust a lawyer to investigate and collect evidence. Since the parties concerned have a better understanding of their own rights, product features, technical features and the scope of the industry, self-collection of evidence is highly targeted. The lawyer's investigation and evidence collection are more professional than the party's investigation and evidence collection, and the scope of evidence collection is also wider. Therefore, it is recommended that the two basic methods should be combined with each other and complement each other. 2. Apply to the notary authority for evidence preservation. 3. Apply to the court to preserve evidence before litigation and to obtain evidence during litigation. The evidence requested by the court is usually divided into three categories: first, preserving the alleged infringing product; second, investigating the financial account books of the alleged infringing unit in order to determine the amount of compensation; third, obtaining evidence of infringement by the alleged infringer. . 4. Apply to the administrative agency for investigation and evidence collection. In the process of investigating and handling cases, departments engaged in patent management may investigate and collect relevant evidence in accordance with their authority as necessary. You can check and copy contracts, account books and other relevant documents related to the case. 5. Apply for customs investigation and evidence collection. According to the "Regulations of the People's Republic of China on Customs Protection of Intellectual Property Rights", intellectual property rights holders may request customs to implement intellectual property protection.
Legal Basis
Article 49 of the "Civil Procedure Law" Litigation Rights and Obligations Parties have the right to appoint an agent, apply for recusal, collect and provide evidence, conduct debates, and request mediation , file an appeal and apply for execution. The parties can review the relevant materials of this case and copy the relevant materials and legal documents of this case. The scope and methods for accessing and copying relevant materials in this case shall be prescribed by the Supreme People's Court. The parties must exercise their litigation rights in accordance with the law, abide by the order of litigation, and perform legally effective judgments, rulings, and mediation documents. Article 61 Rights of Agents Lawyers and other litigation agents acting in litigation have the right to investigate and collect evidence and may review relevant materials on the case. The scope and methods for accessing relevant materials in this case shall be prescribed by the Supreme People's Court. Article 65: Deadline for Proof of Evidence Parties shall promptly provide evidence for their claims. The people's court shall determine the evidence that the parties should provide and the time limit based on the claims of the parties and the trial status of the case. If a party has difficulty in providing evidence within the time limit, it may apply to the People's Court for an extension of the time limit, and the People's Court will extend the time limit appropriately based on the party's application. If a party fails to provide evidence within the time limit, the people's court shall order it to explain the reasons; if it refuses to explain the reasons or the reasons are untenable, the people's court may not accept the evidence according to different circumstances, or may accept the evidence but impose a reprimand or fine. Article 67: The people's court has the right to investigate and collect evidence from relevant units and individuals, and the relevant units and individuals may not refuse. The People's Court shall distinguish the authenticity of certification documents submitted by relevant units and individuals, and examine and determine their validity.