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. 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.
02. 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. 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.
03. Apply to the court for pre-litigation evidence preservation.
Where laws and judicial interpretations provide for the preservation of evidence before litigation, such provisions shall prevail. This establishes a legal basis for the parties or interested parties to apply to the court for pre-litigation evidence preservation.
04. Apply to the people's court for evidence collection.
The people's court shall investigate and collect evidence that the parties or enterprises know that the agent cannot obtain on his own due to objective reasons, or 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.
According to the principle of "whoever advocates gives evidence", the parties have the obligation to provide evidence to prove their claims. In patent infringement disputes, the patentee needs to provide evidence to prove that the infringer has infringement facts, and the infringer needs to provide evidence to prove that it does not constitute infringement. If the infringer admits the existence of the infringement facts, it constitutes admission, and at this time, the admission facts can be used as the basis for judgment without the proof of the patentee; If the infringer denies the existence of the infringing fact, the patentee shall bear the burden of proof for the existence of the infringing fact.