Notarization of preservation evidence for purchasing products suspected of infringing new plant variety rights and mailing samples for inspection
Case Introduction
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Pioneer International Advanced Seed Company is the holder of the new plant variety rights of “Xianyu 508”, and its authorized Licensed Dunhuang Seed Industry Pioneer Fine Seed Co., Ltd. to exclusively produce and sell “Xianyu 508” in the region, and authorized Dunhuang Seed Industry Pioneer Fine Seed Co., Ltd. as the licensee to defend and collect evidence for the infringement of the new plant variety right.
Dunhuang Seed Industry Pioneer Fine Seed Co., Ltd. found that some companies and merchants in the market of Inner Mongolia Autonomous Region produced and sold The corn seeds are suspected of infringing on the new plant variety rights of Pioneer International Fine Seed Company “Xianyu 508”, which is a fixed evidence, so an application for notarization of preservation evidence is applied to Tianxin Notary Office of Baotou City, Inner Mongolia Autonomous Region.
Certificate Process
Notary Public and Notary Assistant Naren Gaowa of Baotou Tianxin Notary Office After reviewing the company’s application, after reviewing the materials, he went to the site with the company’s staff to collect evidence. The staff purchased the “Lianda 988” corn hybrid on the spot, and Naren Gaowa took pictures of the store’s relevant situation and made Video recording of the purchase process. The notary and notary assistant Naren Gaowa sealed and marked the purchased seeds respectively. Later, according to the company’s application, the notary and notary assistant Naren Gaowa mailed one of the sealed bags of “Lianda 988” corn hybrids to the “Beijing Academy of Agriculture and Forestry Academy Corn Seed Inspection Center” through SF Express. The notary and Notary assistant Naren Gaowa supervises the above process and issues a notary certificate.
Finally, the Supreme People’s Court of the People’s Republic of China tried in accordance with the law and made the following judgment: dismiss the appeal and uphold the original judgment. Results of the original judgment: (1) Immediately stop the infringement of the new variety rights involved; (2) compensate Dunhuang Seed Industry Pioneer Fine Seed Co., Ltd. for losses of 500,000 yuan; (3) dismiss Dunhuang Seed Industry Pioneer Fine Seed Co., Ltd.’s other claims.
Typical Significance
The right to a new plant variety enjoyed by law is protected by law, but the right holder must The behavior of its rights submits corresponding evidence. In view of the evidence priority and credibility value of notarization itself, it has great potential to help intellectual property protection. The notary industry can solidify evidence, prevent and resolve disputes in advance, help confirm rights and protect rights before, during and after the event, save the cost of rights protection, and improve the efficiency of rights protection. Under the premise of legal procedures, notarial certificates as documentary evidence generally have strong probative force. Especially in intellectual property cases such as new plant varieties, notarial certificates are extremely important for the parties to collect evidence and the people’s court to determine the facts of the case. effect. The notary staff of Baotou Tianxin Notary Office, with their rich experience in handling cases and professional certification level, give full play to the functional advantages of notary, and fix the evidence in each link of purchasing, sealing, storing, and mailing samples, and through audio, video, photo, etc. Records and other ways to show the situation on the spot, help the right holder to fix the evidence of each link, avoid the difficult situation of proof of rights protection, and also save judicial resources for the court to hear the facts of the case and other situations.