Evidence-Gathering Techniques and Case Analysis in Intellectual Property Infringement Litigation

Intellectual Property Infringement Litigation Evidence Collection

In today's era of informationization and globalization, intellectual property protection is becoming increasingly important. Whether it is enterprises or individuals, once they encounter intellectual property infringement, how to effectively collect evidence and safeguard their rights becomes a key issue. Intellectual property covers multiple fields such as patents, trademarks, copyrights, etc., and evidence collection is an indispensable part of infringement litigation. This article will explore the strategies and precautions for evidence collection in intellectual property infringement litigation by combining relevant cases and news reports.

At the beginning of 2025, a well-known e-commerce platform in China was sued by the rights holder for allegedly selling counterfeit goods. The plaintiff, an international renowned brand company, accused the defendant of using its trademark without authorization and selling large quantities of counterfeit products through the online platform. The core controversy in this case lay in how to prove the defendant’s infringement behavior and the specific amount of damages. In such cases, the collection of electronic evidence is particularly crucial. According to media reports, the court ultimately supported the plaintiff's claims, determining that the defendant had indeed infringed. Behind this judgment lies the plaintiff's detailed preparation of evidence.

Firstly, for trademark infringement cases, the rights holder needs to provide evidence from multiple angles. For example, in the aforementioned case, the plaintiff submitted purchase records, logistics information, and product images as direct evidence. These pieces of evidence not only prove the existence of the infringement but also help judges assess the scale of the infringement. The plaintiff also hired professional institutions to conduct technical appraisals on the involved products, further confirming their authenticity. It is worth noting that with the development of e-commerce, online transaction records have become an important source of evidence. However, the authenticity of electronic data often raises doubts. When preserving evidence, rights holders must follow standardized processes, such as fixing the evidence chain through notarization.

Besides trademark infringement, copyright infringement is also a common type of dispute. In recent years, copyright controversies on short video platforms have been frequent, with many creators finding their works used for commercial purposes without authorization. In response to such situations, creators can take the following measures to gather evidence first, promptly capture screenshots or record videos to preserve evidence of infringement; second, use third-party tools to grab web snapshots to ensure the authenticity and timeliness of the infringing links; third, request the platform to remove the infringing content and retain relevant communication records. Once litigation begins, these materials will serve as strong supporting evidence.

In patent infringement cases, greater emphasis is placed on professional technical background. When dealing with complex technical solutions, it is difficult to fully reflect the issues solely through written descriptions. At this time, the rights holder may entrust qualified professional institutions to issue evaluation reports, detailing the technical features of the allegedly infringing product and their correspondence with the patent claims. Additionally, attention should be paid to the results of database searches at home and abroad to verify the existence of identical or similar technical solutions. If intentional circumvention of patents by the defendant is discovered, it should be clearly stated in the complaint to seek higher compensation amounts.

It is noteworthy that regardless of the type of intellectual property infringement, timeliness issues must be taken into account. According to the Civil Code of China, rights holders should file a lawsuit within two years of knowing or being expected to know about the infringement. Beyond this period, unless under special circumstances, the right to win the case will be lost. Once potential infringement is discovered, timely action should be taken to avoid missing the optimal timing.

In summary, evidence collection in intellectual property infringement litigation is a systematic project that tests the legal awareness of the parties involved and relies on the application of professional knowledge and technical means. Whether it is trademark, copyright, or patent infringement, sufficient argumentation around the facts of the infringement is required, while balancing procedural legality and evidence reliability. In the future, with advancements in technology and the improvement of social awareness, China's intellectual property protection system will undoubtedly become more robust, providing stronger safeguards for innovation and creation.