Most be afraid of brand by tort? Fasten confused!
In wanting our hand only, grasp have evidence,
Brand is not afraid of by other tort oh!
How should obtain evidence after all?
These good methods recommend you below!
Brand obtains evidence need is collected below these evidence
1, brand is used the evidence on commodity
(1) the merchandise that mark has brand, commodity is packed, container, label, commodity is add manual of manual of sign, product, introduction, price-list.
(2) with commodity sale contact trades writ, include commodity to sell imports and exports of contract, bill, bill, receipt, merchandise to examine quarantine proof, customs declaration is occupied etc.
(3) the advertisement that releases on the media such as broadcast, TV, perhaps publishing the advertisement that releases in publicity publication, and with billboard, mail ad is other perhaps formal advertisement.
(4) the sheet that uses this label in what offer on exhibition, exposition and other data.
(5) the trade mark that other be good law sets uses evidence.
2, brand is used the evidence on the service
(1) brand is used stationery of dress of adornment of hall of fascia of place of the introductory manual at the service, service, inn, staff member, handbill, menu, price-list, lottery, office, letter paper and other with assign a service relevant things.
(2) brand is used serve contact file data at mixing, if bill, money order bill is occupied, offer service agreement, maintenance to safeguard a proof to wait.
(3) the advertisement that releases on the media such as broadcast, TV, perhaps publishing the advertisement that releases in publicity publication, and with billboard, mail ad is other perhaps formal advertisement.
(4) the sheet that uses this label in what offer on exhibition, exposition and other data.
(5) the trade mark that other be good law sets uses evidence.
5 kinds obtain evidence the method chooses for you 1, application notary organization undertakes evidence conserves
One of legal professional work of the notary organization are " conserve evidence " . The evidence that is crossed by notarization is had illative for true effect, general meeting is collected to believe directly by the court, unless have photograph counterevidence,overthrow the except of notarial proof according to enough. The notary organization undertakes what undertake according to place of powers and authorities of office with the court conserving conserve to evidence, its effect is basic and equal.
Before appealing to, party can apply a notary organization adequately to collect, conserve evidence, also be a when had made the preparation before appealing to significant step.
2, the evidence before application court undertakes appealing to conserves
Basis " about appealing to before stop to violate trade mark right behavior and conserve the explanation of problem of statute of evidential comfortable use " , set among them in case of tort of trade mark right, the evidence before can applying for to appeal to conserves.
If do not have to forensic to lodge a complaint, criterion this kind conserves measure ought to give remove, perhaps give concerned evidence destroy by melting or burning or give back, the applicant still needs to assume liability to pay compensation to the loss that causes accordingly right now.
3, attune of courtyard of applicant civil code takes testimony
Because objective reason brings about what party cannot obtain evidence by oneself, or party exhausts the method also cannot obtain crucial evidence, or people court thinks some evidence is cognizance case place must, people court agree carries the responsibility that has investigation to obtain evidence.
General component is this kind of circumstance 3 kinds:
(1) conserve to be accused tort product;
(2) the financial Zhang that investigates unit of tort be accusinged book, so that determine compensatory specified amount;
(3) the testimony that tone takes tort of existence of infringer be accusinged.
Party applies for forensic investigation to obtain evidence to still need to note two respects problem:
(1) the evidential limits that applies for investigation, need accords with legal status;
(2) this application still needs special observe quote time limit.
The step that the court takes below the circumstance normally includes: To be being accused tort product uses the means that take a picture, or use a record to be accused the means such as feature of tort product technology, use the technique such as sequestered, extraction to moving objective of extraction book, brand to wait easily, and because,to be being accused Zhang book meets the infringer's finance affairs commonly the infringer's obstruct or conceal and bring about it is extremely difficult to obtain evidence.
4, inform against to the executive authority obtain evidence
Party still can be superintended to tort seat market, door of the Ministry of Public Security is informed against, afore-mentioned branches can consult, the relevant document such as the contract that duplicates to be concerned with the case, account book, question party and witness, use take a picture, photograph resemble waiting for means to undertake the spot executes the law examination. Be suspected of violating trademark of special right, afore-mentioned administration execute the law the branch can is opposite close down after the amount of product make an inventory that is suspected of tort, norms and from which sample.
5, entrust acting orgnaization investigation to obtain evidence
Because of brand tort case professional stronger, brand obligee proper motion obtains evidence or have difficulty, also can entrust acting orgnaization to undertake obtaining evidence right now.
Origin: Arch villa market is superintended, company bid net
