Shenzhen intellectual property litigation lawyer

Rights according to the specific circumstances of the case, choose a most favorable and feasible method of evidence collection, especially important. The main way is as follows: 1, self deposition and commissioned lawyers to investigate and obtain evidence due to intellectual property cases are more specialized, by the rights of the people themselves, the direction and scope of the deposition to grasp the very accurate will have some difficulty. Lawyer is specialized in legal work, to provide legal services to the community as a profession. Lawyers not only has rich legal knowledge, and has rich experience and skillful litigation skills, in different stages of litigation for the parties to make appropriate choices. Generally speaking, the lawyer to investigate and collect evidence than the party to investigate and collect evidence is much more convenient, collect the scope of evidence is also more extensive and precise. In judicial practice, the judge will often treat lawyers, provide more convenient. 2, apply for notary public for the preservation of evidence notary public's legal business is one of the "preservation of evidence". Notarized evidence has the effect of presumption of truth. Article 59 of the Civil Procedure Law provides that: "The people's court shall confirm the validity of legal acts, legal facts and instruments that have been notarized. However, except where there is evidence to the contrary sufficient to overturn the notarized proof". The preservation of evidence by a notary public has the same effect as preservation by a court ex officio. In the pre-litigation, the party can make full use of the notary to collect and preserve evidence, is a good pre-litigation preparation for effective measures. 3, apply to the court for pre-litigation preservation of evidence in 2002 the supreme court, "on the civil litigation evidence of a number of issues of the provisions of the" article 25: "laws, judicial interpretations of pre-litigation preservation of evidence in accordance with the provisions of its handling ". This establishes a legal basis for the parties or interested parties to apply to the court for pre-litigation preservation of evidence. The Supreme Court in January 2002 the implementation of the judicial interpretation of the "on the pre-litigation to stop the infringement of the exclusive right to use registered trademarks and the preservation of evidence on the application of law", provides for the infringement of trademark rights in the case of pre-litigation evidence preservation can be applied for. Article 16 of the Provisions on Several Issues of Law Applicable to Pre-litigation Cessation of Infringement of Patent Rights, implemented by the Supreme Court on July 1, 2001, also provides for pre-litigation preservation of evidence. The Supreme Court on October 15, 2002 the implementation of the "on the trial of civil copyright disputes on the application of certain issues of interpretation of the law" Article 1: "the people's court accepts the following copyright civil dispute cases", one of which is: "apply for pre-litigation property preservation, pre-litigation evidence preservation cases". Visible, apply for pre-litigation evidence preservation in intellectual property infringement cases is a large number of existence. After the preservation measures, the parties or interested parties should file a lawsuit within the statutory time limit. If no lawsuit to the court, the preservation measures should be lifted, or the evidence should be destroyed or returned, and the applicant will also be liable for the losses caused by this. 4, apply for the people's court to retrieve the evidence of China's "Civil Procedure Law", Article 64 provides that: the parties and their agents due to objective reasons can not be obtained by evidence, or the people's court that the trial of the case requires evidence, the people's court shall investigate the collection of evidence. Evidence, the people's court shall investigate and collect. Based on this party often in the patent infringement, trademark infringement and copyright infringement lawsuit at the same time, put forward an application for access to evidence, access to evidence is usually divided into three categories: first, the preservation of allegedly infringing products; second, the investigation of allegedly infringing the unit's financial books, in order to determine the amount of compensation; third, the access to the existence of allegedly infringing the infringer's evidence of infringement. According to the civil procedure law and the supreme court judicial interpretation of the provisions of the court investigation and collection of evidence has two modes of operation: one is the initiative ex officio investigation and collection of evidence. When it comes to facts that may be detrimental to the national interest, social **** interests or the legitimate rights and interests of others, as well as related procedural matters, the court shall take the initiative to investigate and collect evidence ex officio, without the need for the parties to submit an application for the collection of evidence. Secondly, evidence shall be taken on the application of the parties. In the court on its own initiative ex officio evidence of the scope has been narrowed, the parties to the investigation of evidence application has become increasingly important. If there is a lack of timely application for investigation of evidence, the court generally does not take the initiative to investigate the evidence. In the parties to the evidence investigation application, the court whether to start the mechanism of investigation and evidence collection also depends on the court's judgment, only in the parties to the application in line with the scope of the court's evidence collection, the court has the obligation to investigate and evidence collection, otherwise the court shall reject the application. The parties apply for the court to investigate and obtain evidence should pay attention to two points: one is the scope of the evidence applied for investigation, must comply with the legal situation; Secondly, this application must pay attention to the time limit for evidence. The measures usually taken by the court is easy to take pictures of the allegedly infringing products using a photographic approach, or the use of records of the allegedly infringing products of the technical characteristics of the way, easy to retrieve the books, trademarks, etc. using the seizure, extraction and other tactics, and for the alleged infringer's financial books are often due to the infringer's obstruction or hidden and very difficult to get. 5, apply for administrative organs to investigate and obtain evidence of China's "patent administrative law enforcement measures" Chapter V of the investigation and evidence collection. Chapter V of the investigation and evidence collection has a special chapter. Management of patent work in the process of investigating and handling cases, according to the need to investigate and collect evidence ex officio. Can be investigated