论文部分内容阅读
在知识产权侵权案件中,陷阱取证的方式是否损害他人合法权益、是否违背诚实信用原则和公平原则,理论界和实务界对陷阱取证的方式是见仁见智。笔者认为,陷阱取证只要没有侵害对方当事人的合法权益,没有违背诚实信用原则和公平原则,应认定为合法证据。法官应根据法律的精神,结合具体案情,视案情予以裁量。本文拟对陷阱取证以及其在知识产权诉讼中适用问题进行探讨,以期有利于理论与实践的完善。
In the case of intellectual property infringement, whether the way of taking evidence of a trap is damaging the legitimate rights and interests of others is contrary to the principle of good faith and fairness, and there is a difference of opinion between theorists and practitioners on the way of obtaining evidence for a trap. I believe that as long as the trapping of evidence does not infringe upon the legitimate rights and interests of the other party, there is no violation of the principle of good faith and fairness, should be recognized as legal evidence. Judges should, according to the spirit of the law, combine specific cases with discretion depending on the circumstances of the case. This article intends to explore the application of trap forensics and its application in intellectual property litigation in the hope of improving the theory and practice.