Due to the strong professionalism of intellectual property cases, it will be difficult for the obligee to obtain evidence by himself, so it is very difficult to grasp the direction and scope of obtaining evidence accurately. 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 for the parties, and the scope of collecting evidence is more extensive and accurate. In judicial practice, judges often treat lawyers differently and provide more convenience.
2. Apply to a notary office for evidence preservation
One of the statutory businesses of a notary office is "evidence preservation". Notarization evidence has the effect of presumption to be true. The people's court shall confirm the validity of notarized legal acts, legal facts and documents. However, unless there is evidence to the contrary enough to overturn the notarization certificate. The preservation of evidence by a notary office has the same effect as that by a 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 pre-litigation evidence preservation
if the law or judicial interpretation stipulates pre-litigation evidence preservation, it shall be handled in accordance with its provisions. This establishes a legal basis for the parties or interested parties to apply to the court for pre-litigation evidence preservation.
4. apply to the people's court for obtaining evidence
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, the parties often file an application for obtaining evidence while filing patent infringement, trademark infringement and copyright infringement lawsuits.
according to the principle of "whoever advocates gives evidence", the parties are obliged to provide evidence and prove their own 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 infringement facts, it constitutes admission, and at this time, the admission facts can be used as the basis for decision 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.