Current location - Trademark Inquiry Complete Network - Trademark inquiry - Evidence collected after administrative penalty decision
Evidence collected after administrative penalty decision

Legal subjectivity:

1. Documentary evidence is a written material that proves the facts of a case based on the ideological content expressed in words, symbols, patterns, etc., which can be divided into original , original, copy, transcript, photocopy and translation. For example, facade lease contract, pre-license and document approval, business license, etc., all fall into the category of documentary evidence. During the collection of documentary evidence, attention should be paid to the following issues: 1. Try to provide originals. If it is really difficult to provide originals, you can provide copies, photos, and excerpts that are verified with the originals; 2. Provide originals of documentary evidence that are kept by relevant departments. If the copy, photocopy or transcript is made, the source shall be indicated, and the department shall stamp it with its seal after verification; 3. If reports, drawings, accounting books and other documentary evidence are provided, explanatory materials shall be attached. 2. Physical evidence Physical evidence generally refers to evidence that exists and expresses itself in the form of all physical objects. For example, in trademark infringement administrative penalty cases, the trademark logo, goods marked with the trademark logo, and packaging are all physical evidence. 3. Audio-visual materials: Audio-visual materials are audio, video or other information reflected by means of audio recording, video recording, computer storage, etc. to prove the facts of the case. For example, the industrial and commercial department videotaped illegal and unauthorized changes to major registration items. For audio-visual materials, there are the following requirements: 1. Try to provide the original carrier of the relevant materials. If it is really difficult to provide the original carrier, a copy can be provided; 2. Indicate the production method, production time, producer and certification object, etc.; 3. The sound material should be accompanied by a written record of the sound content. 4. Witness testimony Witness testimony is a statement made orally or in writing to an administrative agency or organization by a person who understands the administrative violation. It is a relatively common form of evidence used in administrative penalties. Witness testimony evidence has the following requirements: 1. State the witness’s name, age, gender, occupation, address and other basic information; 2. Have the signature of the witness; if unable to sign, prove it with a seal; 3. Indicate the issuance Date; 4. Attached are copies of resident ID cards and other documents proving identity. 5. Statements of the parties The statements of the parties in administrative penalty cases mainly refer to the statements of the perpetrators of administrative violations, including statements, defenses, and defenses made by the parties in the hearing procedures. True statements can be used as direct evidence to determine the case. The perpetrator's statements and defenses should be listened carefully to avoid taking only one side of the story. Pay attention to whether the perpetrator's statements and defenses are consistent and reasonable with other evidence. . If the parties' statements are in the form of inquiries, statements, or conversation transcripts, they should be signed or sealed by the administrative law enforcement personnel, the person being questioned, the person making the statement, and the interviewer. 6. Appraisal conclusion: Appraisal conclusion refers to the written conclusion made by a person or institution with specialized knowledge who has been entrusted or hired to appraise certain specialized issues in the case. For example, monitoring reports. Evidence of appraisal conclusion has the following requirements: stating the client and the matters entrusted with the appraisal, relevant materials submitted to the appraisal department, the basis for the appraisal and the scientific and technical means used, a description of the qualifications of the appraisal department and the appraiser, and should have the signature of the appraiser and stamped by the appraisal department. The identification conclusion obtained through analysis should explain the analysis process. 7. Inspection transcripts and on-site transcripts Inspection transcripts refer to records made by administrative law enforcement personnel to prove the circumstances of the case after conducting an investigation and inspection of the scene of an administrative violation case, as well as physical evidence that is inconvenient to move. Inspection records mostly reflect objective conditions, and are generally conducted after a case occurs. For example, taking photos of the site where counterfeit and shoddy goods are produced, and recording the results in the form of text, tables, drawings, data, etc. When conducting an inspection, the surveyors shall present their certificates and invite local grassroots organizations or relevant units to send people to participate, and the invited persons shall sign on the transcript. On-site transcripts are objective records of the investigation of relevant sites and items made by administrative agencies when they exercise their powers and take specific administrative actions in accordance with the law. They are produced by law enforcement personnel of the administrative agencies with the participation of the parties concerned. The contents are of what is happening or what has just happened. The on-site facts cannot be prepared in advance, nor can they be recorded afterwards.

On-site transcript evidence has the following requirements: 1. The on-site transcript should state the time, location, events, etc., and be signed by law enforcement officers and the parties; 2. If the party refuses to sign or is unable to sign, the reasons should be stated; 3. There are other If someone is present, other people can sign. Legal objectivity:

Article 63 of the "Civil Procedure Law", evidence includes: (1) Statements of the parties; (2) Documentary evidence; (3) Physical evidence; (4) Audio-visual materials; (5) Electronic data; (6) Witness testimony; (7) Appraisal opinions; (8) Inspection records. Evidence must be verified to be true before it can be used as a basis for determining facts.