If an infringement has been confirmed, it is recommended to collect evidence according to the following methods: Evidence collection method It is particularly important for the right holder to choose the most favorable and feasible evidence collection method based on the specific circumstances of the case. The main methods are as follows: 1. Self-collection of evidence and entrusting a lawyer to investigate and collect evidence. Due to the highly professional nature of intellectual property cases, it is difficult for the right holder to obtain evidence on his own and to accurately grasp the direction and scope of evidence collection. Lawyers specialize in legal work and provide legal services to the society. Lawyers not only have rich legal knowledge, but also have rich case experience and skilled litigation skills, and can make appropriate choices for the parties at different stages of litigation. Generally speaking, it is much more convenient for lawyers to investigate and collect evidence than for litigants, and the scope of evidence collection is also more extensive and precise. In judicial practice, judges often treat lawyers differently and provide convenience. 2. Apply to the notary authority for evidence preservation. One of the legal tasks of the notary authority is to “preserve evidence.” Notarized evidence has the effect of being presumed to be true. Article 59 of the Civil Procedure Law stipulates: "The People's Court shall confirm the validity of legal acts, legal facts and documents that have been notarized. However, this shall not be the case unless there is contrary evidence that is sufficient to overturn the notarized certification." The effect of the preservation of evidence by the notary public is equivalent to the preservation by the court in accordance with its authority. Before litigation, the parties can make full use of the notary public to collect and preserve evidence, which is an effective measure to prepare for litigation. 3. Apply to the court for pre-litigation evidence preservation. Article 25 of the 2002 Supreme Court's "Regulations on Several Issues Concerning Evidence in Civil Litigation": "If laws and judicial interpretations provide for pre-litigation evidence preservation, such provisions shall prevail." This establishes a legal basis for parties or interested parties to apply to the court for pre-litigation evidence preservation. The Judicial Interpretation "Interpretation on Legal Issues Applicable to Stopping Infringement of the Exclusive Rights of Registered Trademarks and Preserving Evidence Before Litigation" implemented by the Supreme Court in January 2002 stipulates that in trademark infringement cases, you can apply for pre-litigation evidence preservation. Article 16 of the "Several Provisions on Legal Issues Concerning the Suspension of Patent Rights Infringements Before Litigation" implemented by the Supreme Court on July 1, 2001 also provides for pre-litigation evidence preservation. Article 1 of the "Interpretations on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Dispute Cases" implemented by the Supreme Court on October 15, 2002 stipulates: "The People's Court accepts the following copyright civil dispute cases", one of which is: "Application for pre-litigation property Preservation and pre-litigation evidence preservation cases”. It can be seen that applications for pre-litigation evidence preservation are common in intellectual property infringement cases. After preservation measures are taken, the parties or interested parties shall file a lawsuit within the statutory time period. If no lawsuit is filed in court, such preservation measures should be lifted, or the relevant evidence should be destroyed or returned, and the applicant will also be liable for compensation for the losses caused. 4. Apply to the People’s Court to obtain evidence. Article 64 of my country’s Civil Procedure Law stipulates: If the parties and their agents cannot obtain evidence on their own due to objective reasons, or the People’s Court deems it necessary to hear the case, the People’s Court shall investigate and collect it. . Based on this, parties often file an application for evidence collection while filing patent infringement, trademark infringement and copyright infringement lawsuits. The evidence collected is usually divided into three categories: First, preservation of the allegedly infringing product; Second, investigation. The financial account books of the unit accused of infringement are required to determine the amount of compensation; third, obtain evidence of infringement by the accused infringer. According to the Civil Procedure Law and relevant judicial interpretations of the Supreme Court, the court has two modes of operation in investigating and collecting evidence: First, it actively investigates and collects evidence in accordance with its authority. When it comes to facts and related procedural matters that may harm the interests of the country, the interests of the public, or the legitimate rights and interests of others, the court should take the initiative to investigate and collect evidence in accordance with its powers without the need for the parties to apply for evidence. The second is to obtain evidence based on the application of the parties. After the scope of the court's initiative to obtain evidence ex officio has been narrowed, parties' applications for evidence investigation have become increasingly important. In the absence of a timely application for evidence investigation by the parties, the court will generally not take the initiative to investigate the evidence. After a party files an application for evidence investigation, whether the court initiates an investigation and evidence collection mechanism depends on the court's review and judgment. Only when the application filed by the party meets the scope of the court's evidence collection, the court is obliged to investigate and collect evidence. Otherwise, the court should reject the application. application.

When parties apply for court investigation and evidence collection, they should pay attention to two points: first, the scope of evidence applied for investigation must comply with legal circumstances; second, this application must pay attention to the time limit for producing evidence. The measures usually taken by the court are to take photos of the allegedly infringing products that are easy to take, or to record the technical characteristics of the alleged infringing products, and to seize and extract books and trademark objects that are easy to retrieve. It is often extremely difficult to obtain the financial account books of the alleged infringer due to obstruction or concealment by the infringer. 5. Application for investigation and evidence collection by administrative agencies Chapter 5 of my country’s Patent Administrative Enforcement Law has special provisions on investigation and evidence collection. In the process of investigating and handling cases, the patent management department may investigate and collect relevant evidence in accordance with its authority as necessary. You can check and copy contracts, account books and other relevant documents related to the case; interrogate the parties and witnesses; and conduct on-site inspections by measuring, taking photos, and videotaping. If a manufacturing method patent is suspected of infringement, the patent management department may require the person under investigation to conduct an on-site demonstration. If a product patent is involved, samples can be taken from the allegedly infringing product. No matter which method is used to collect evidence, objectivity must be the premise. Only objective and true evidence can be probative. Never tamper with or fabricate evidence, otherwise you will be held legally responsible. If the patentee discovers that his patent rights have been infringed by others, and after confirming that his patent rights are valid and the patent infringement is established, he can start the next step. The so-called next step is to collect evidence first. The evidence that the patentee needs to collect generally includes the following aspects: 1. Evidence about the infringer. As the saying goes, know yourself and the enemy and you will be victorious in every battle. Therefore, the patentee should first know the exact name, address, business nature, registered capital, number of employees, business scope, etc. of the infringer. It is important to understand these situations and what strategies a patentee should adopt to deal with patent infringement. 2. Evidence regarding the infringement facts. The prerequisite for patent infringement is that there must be infringement. Therefore, evidence proving that the infringer has actually committed acts that infringe patent rights is crucial in the process of dealing with infringement. Evidence in these areas includes physical objects, photos, product catalogs, sales invoices, purchase and sales contracts, etc. of the infringing items. 3. Evidence regarding compensation for damages. The patentee may demand damages from the infringer. The amount of damages claimed may be the losses suffered by the patentee. However, the patentee must provide evidence to prove that due to the other party's infringement, the sales volume of its patented product has been reduced, or the sales price has been reduced, as well as other losses such as extra expenses or less income.