Evidence with regards to intellectual property litigation is more unique. The main objective of intellectual property is to provide the owner with a monopoly over an intellectual achievement for a set period of time during which the evidence of litigation may easily be lost. This notice is enacted in accordance with the Copyright Law of the People’s Republic of China, Trademark Law of the People's Republic of China, Law of the People's Republic of China for Countering Unfair Competition, Contract Law of the People's Republic of China, Civil Procedure Law of the People’s Republic of China and Several Provision of the Supreme People’s Court on Evidence in Civil Procedures and for the purpose of objectively and comprehensively ascertaining the facts of the case and fully protecting your legitimate rights and interests. Please read the following content carefully.
32.1.Evidence of the Subject Qualification of the Parties
32.1.1. Individuals shall submit identity information of their name, gender, age, nationality, residence, contact information, ID number, and other basic information such as ID card, residence booklet, residence certificate, passport and so on.
32.1.2. A legal person or other organization, shall submit the business license, registration certificate, organization code certificate or business management department website certification of the legal person or other organization as well as the identity certificate of the legal representative or the principal person in charge.
32.1.3. Any person from foreign countries or Hong Kong, Macao and Taiwan who have registered companies or other organizations shall submit the company registration information, authorized representative identification, the power of attorney and other materials which are certified or notarized by a statutory authority.
32.1.4. The qualified plaintiff in the civil case of intellectual property shall be the intellectual property holder and the interested party.
32.1.5. In the case of intellectual property civil tort litigation, a licensee who has exclusive use of the license contract and who is permitted to use the license contract may file a lawsuit to the people's court alone; a licensee who is permitted to use the license contract may file a lawsuit with the licensor, or may lodge a lawsuit on his own without the licensor’s prosecution; a licensee who uses the ordinary license shall file a lawsuit with the licensor as the co-plaintiff; a licensee who uses the ordinary license may file a separate case with the explicit authorization of the licensor.
32.2. Evidence to be Submitted for Intellectual Property Contract Disputes
32.2.1. Copyright Contract Disputes
Any evidence that proves the establishment, performance, violation and the termination of the copyright contract relationship, such as an entrustment creation contract, cooperation creation contract, copyright transfer contract, copyright licensing contract, publication contract, performance contract and so on.
32.2.2. Trademark Contract Disputes
Any evidence that proves the establishment, performance, violation and the termination of the trademark contract relationship, such as trademark transfer contract, trademark licensing contract, trademark representative contract and so on.
32.2.3. Technology Contract Disputes
Any evidence that proves the establishment, performance, violation and the termination of the technology contract relationship, such as technology development contract, technology transfer contract, technology consultant contract, technology service contract and so on.
32.2.4. Franchise Contract Disputes
Any evidence that proves the establishment, performance, violation and the termination of the franchise contract, franchise fee payment and franchised merchandise order and delivery.
32.2.5. Basic Rules of Presenting Evidence in Intellectual Property Contract Cases
In the case of intellectual property contract disputes, the party concerned who holds that the contract that has been established and in force bears the responsibility of presenting evidence on the facts of the conclusion and effectiveness of the contract; the party concerned who advocates the alteration, rescission, termination or cancellation of a contractual relationship bears the responsibility of presenting evidence on the facts that cause the change of the contractual relationship.
Where there is dispute over the performance of the contract, the party who has performed the obligation bears the responsibility of presenting evidence.
32.3. Evidence to be Submitted for Intellectual Property Ownership and tort Disputes
32.3.1. Copyright Ownership Evidence
Original works, works registration certificates, legal publications, copyright licensing contracts and other evidence to prove the ownership of copyright. If there is no contrary evidence, the citizen, legal person or other organization signed on the work shall be the author.
32.3.2. Trademark Ownership Evidence
The trademark registration certificate, approval trademark renewal certificate, trademark register copy, trademark licensing contract, “China Trademark net” and other related web pages sealed by notarization or trademark agencies.
32.3.3. Commerce Secret Evidence
The parties shall submit evidence to prove that the commercial secrets they claim conform to the conditions prescribed by law:
（1）They are unknown to the public;
（2）They can bring economic benefits to the obligee;
（3）Confidentiality measures have been taken by the obligee.
32.3.4. Intellectual Property Value Evidence
The evidence that are related with the honors, media reports, licensing contracts and operating results of copyright, trademark right, commerce secrets and so on.
32.3.5. Intellectual Property Tort Evidence
（1）The time and place of the alleged tort as well as the evidence concerning the circumstances of the tort.
（2）The defendant who has purchased the infringing product by way of notarization shall submit the original copy of the infringing product sealed by the notarization institution.
32.3.6. Tort Compensation Evidence
The parties who claim compensation for tort shall submit evidence of the exact losses due to the infringer’s illegal gains or the obligee’s exact loss, including attorney fees, notarization fees invoices that are paid by the obligee for the purpose of stopping the infringing act. If the infringer’s illegal gains or the obligee’s actual loss cannot be determined, the people’s court shall determine the amount of compensation in accordance with the following perpetrators:
（1）Intellectual property value includes, but is not limited to: the nature of rights; rights value assessment report issued by a qualified evaluation institution; transfer fees, licensing fees and the relevant industry charges that can be proved by the evidence; genuine market price; the popularity and originality of rights.
（2）tort circumstances include, but are not limited to: the perpetrator’s subjective fault degree(deliberation, gross negligence or slight negligence); the nature of tort(simple imitation or intentional plagiarism, manufacture of tort or sale of tort, direct tort or indirect tort); the identity of the infringing act(legal person, self-employed person or natural person); duration, scope and consequences of tort; the price and quantity of infringing products, and the weight of the rights of the obligee in the product value.
（3）Other perpetrators, include, but are not limited to: the perpetrator’s statement of tort and profit from advertising and other materials; the infringer holds evidence of tort but refuses to provide without justified reasons; whether it belongs to a series of cases and so on.
