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Intellectual property civil cases have the characteristics of intangible property. With the development of the industry, it has become more and more obvious that the evidence is biased towards the counterparty. Even though the Supreme Court has repeatedly affirmed the evidence preservation procedure, due to the characteristics and necessity of intellectual property civil cases, However, the approval rates of intellectual property and commercial courts vary greatly from year to year, and there is still a lack of empirical research to help practitioners improve the possibility of obtaining approval. As far as evidence and the burden of proof are concerned, the evidence preservation procedure has the effect of making good evidence become great evidence, and it is also an important means of legal evidence collection. In empirical research, it is found that there are obvious differences in the approval rate among different judges, and the content of the claim must also be adjusted according to the nature of the object and the circumstances of the case. Regardless of the reason for the preservation of the claim, urgency and necessity are important connotations. Evidence preservation has effectively improved the success rate and the amount of compensation awarded in intellectual property civil cases. However, there are still nearly half of the claimants who have successfully obtained a ruling on preservation before winning the case. Owners of property rights receive more adequate protection.
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