也论知识产权侵权诉讼中的悬赏取证

On Obtaining Evidence by Offering Rewards in Intellectual Property Infringement Action

在知识产权侵权诉讼中,悬赏取证具有合理存在的现实基础。悬赏取证具有合法性,而且与证据的客观性和关联性并无必然冲突,通过悬赏所获证据的证据能力并不能一概而论。悬赏取证中,证人负有出庭作证的义务。法庭无需介入悬赏取证活动,应当在充分质证的基础上对通过悬赏所获证据进行审查判断。此外,为有效抑制知识产权侵权,合理必要的悬赏费理应判由侵权人承担。

In intellectual property infringement action,there exists a legal basis of obtaining evidence byoffering rewards. Obtaining evidence by offering rewards does not violate the requirements for tivity and relevance of evidence. The credibility of evidence obtained by offering rewards depends on the situations. The provider of the evidence has the responsibility to appear on court to testify before tproper for the tribunal to intervene into the process of obtaining evidence by offering rewards. The tribunal should determine the credibility and probative force of evidence on the basis of sufficient examination of the evidence. In order to restrain infringement of intellectual property, the cost of the reasonable amount of rewardspaid by the holder of intellectual property should be borne by the infringer.