Intellectual Property Court Rulings on Perpetuation of Evidence in Patent Infringement Cases in 2021: Observation and Suggestion

Intellectual Property Court Rulings on Perpetuation of Evidence in Patent Infringement Cases in 2021: Observation and Suggestion

The intangible nature of the intellectual property has an incentive that encourages infringement. Comparing with tangible property rights, the public domain feature thereof also results in the difficulty of noticing an infringement. It is especially so in the situation of industrial division of labor, where infringement facts and evidence are often controlled by infringers. This has led to a relatively low success rate of patent infringement claims and an unsatisfactory compensation amount. Due to the restricted access of patent infringement facts and evidence, the phrase“evidence tends to support one side”has become a common phenomenon in the contemporary industry environment. In addition, the fact that the number of patent cases account for 70% of cases heard by the intellectual property court also points out the importance of the perpetuation of evidence (alternatively known as“preservation of evidence”). Therefore, this article has analyzed the intellectual property court’s related judgments made in 2021 to summarize the practical situation of the year, analyze related motion requirements based on different themes, and then make suggestions on practical operations and a direction of making amendments to laws.