In today’s rapidly developing knowledge economy, intellectual property has become a core element of corporate competitiveness. Whether it’s patented technology, trademark design, or creative works, they all represent important assets of a company. However, with the intensification of market competition, intellectual property infringement cases are also increasing. For companies, protecting intellectual property not only relies on laws and regulations but also requires timely and effective collection and preservation of evidence in the event of infringement to support litigation. Especially in Japan, where courts have very strict requirements for evidence, the completeness, authenticity, and legality of evidence are key factors in determining the success or failure of a case.

This article will provide companies with a detailed guide on collecting evidence for intellectual property litigation in Japan, helping them understand how to collect and preserve evidence according to the requirements of Japanese courts. In intellectual property litigation, evidence collection involves not only technical documents, trademark usage records, and copyright registration of creative works but also how to ensure that this evidence has validity and credibility in legal proceedings. Through this article, companies can systematically master the techniques of collecting evidence for intellectual property litigation and ensure a favorable position in litigation.

I. Basic Principles of Evidence Collection

In Japanese intellectual property litigation, the collection and preservation of evidence must follow certain basic principles. Only by following these principles can evidence be recognized in court and play a key role in litigation.

1.1 Legality of Evidence

The legality of evidence refers to the requirement that the method of obtaining evidence and its content must comply with legal requirements. In Japan, if evidence is obtained through illegal means, even if its content is decisive for the case, it may be excluded by the court. For example, recording without the consent of the other party or intercepting someone else’s emails may be considered infringement or violation of privacy rights legally. Therefore, when collecting evidence, companies must ensure that the methods used comply with legal regulations and do not adopt any illegal means.

In addition, companies need to pay attention to the integrity of evidence. In Japanese litigation, evidence cannot be tampered with or partially missing. Any evidence involving tampering or forgery will lead to questioning of the legality of the entire chain of evidence. Therefore, in the collection process, companies should try to preserve original evidence and ensure that it is not modified or destroyed.

1.2 Relevance of Evidence

In intellectual property litigation, the relevance of evidence means that the evidence must be directly related to the case. For example, in patent infringement cases, companies need to provide technical documents, design drawings, and records of technology use related to the patent technology, rather than other materials unrelated to the case. Relevance is a key criterion for the court to review whether evidence has legal effect, and only evidence directly related to the facts of the case can be accepted by the court and used for judgment.

When collecting evidence, companies should clearly identify the core points of dispute in the litigation and collect relevant evidence based on these points. For example, if the litigation involves trademark infringement, the company needs to focus on collecting trademark usage records, market promotion materials, and sales data related to the trademark.

1.3 Verifiability of Evidence

The verifiability of evidence means that the evidence must be independently verifiable by the court or a third party. During the trial process, the court will conduct a detailed examination of the evidence to ensure its authenticity and reliability. When providing evidence, companies should try to choose evidence that can be verified by independent third-party institutions, such as patent application documents, trademark registration certificates, product instruction manuals, etc.

Verifiability also means that evidence must be able to withstand questioning and rebuttal. In patent disputes, the details of technical documents are very important, and companies need to provide complete technical explanations so that the court or technical experts can verify and compare them. Similarly, in trademark and copyright disputes, companies should also provide sufficient information and background materials to enable the court to make objective judgments.

II. Evidence Collection in Patent Litigation

Patent litigation is one of the more complex types of intellectual property litigation, especially when the case involves high technology or complex technology, the collection and preservation of evidence become particularly important. Evidence in patent litigation includes not only technical documents but also patent application materials, technical research and development records, and commercial records of using patented technology.

2.1 Collection and Preservation of Technical Documents

Technical documents are one of the most important pieces of evidence in patent litigation. In litigation, companies often need to prove the originality, creativity, and practical application of their patented technology. Therefore, the completeness and authenticity of technical documents are crucial. When collecting technical documents, companies should focus on the following aspects:

First, companies need to ensure that all technical explanations, design drawings, and technical research and development reports related to the patent are properly preserved. These documents should cover the entire development process of the technology, including initial concept design, experimental data, technical improvement records, etc. Companies also need to keep records of technology implementation, such as production line design drawings, process flow charts, and the application of technology in actual products.

Second, companies need to ensure that the date records of these technical documents are clear and definite, as the time point of technological research and development is often a key factor in patent disputes. For example, if a company’s patent rights are challenged, proving the time point of technological research and development will help confirm the priority of patent rights.

2.2 Preservation of Patent Application Documents

In Japan, patent application documents include application forms, patent specifications, claims, drawings, and other documents. These documents are not only basic evidence in patent litigation but can also prove the legality and scope of rights of the patent. In the event of a patent dispute, companies should immediately provide complete patent application documents to prove the legality of their patents.

The patent specification and claims are the most important parts of patent application documents. The patent specification describes in detail the background of the technology, the principle of the invention, and the specific implementation method of the technology, while the claims clearly define the scope of protection of the patent rights. When submitting these documents, companies must ensure that their content is consistent with the actual technology, and every detail in the documents should comply with legal regulations.

2.3 Collection of Technology Usage Records

Technology usage records can prove whether a company has actually used the patented technology. When hearing patent infringement cases, Japanese courts usually require companies to provide information on the use of patented technology to determine whether the infringing party has illegally used the technology. Companies should keep records related to the use of patented technology, including production records, sales contracts, technology use license agreements, and other documents.

In some cases, companies may authorize third parties to use patented technology. In this case, companies should retain all agreements and usage records related to technology authorization to prove the legality of their patent rights and the actual scope of technology use. These records can not only prove the existence of patent rights but also help companies calculate economic losses caused by infringement.

III. Evidence Collection in Trademark Litigation

Trademarks are a core component of a company’s brand image, so trademark disputes often involve the market value of the brand and consumer perception. In trademark litigation, the focus of evidence collection is on the registration status of the trademark, actual usage records, and the influence of the trademark in the market.

3.1 Trademark Registration Certificates and Related Documents

The trademark registration certificate is the basic evidence in trademark litigation. When a trademark dispute occurs, companies should first provide the trademark registration certificate to prove the legality of their trademark. In Japan, the legality of a trademark depends on its registration record with the Japan Patent Office, so the trademark registration certificate has important legal effect.

In addition to the trademark registration certificate, companies should also retain trademark application documents, including trademark design drafts, trademark classification information, and the specific process of trademark application. The registration process of trademarks sometimes involves multiple legal procedures, and companies should ensure that all relevant documents can be effectively preserved to provide a complete record of trademark application in litigation.

3.2 Trademark Usage Records

The actual use of a trademark is important evidence in proving trademark rights. In trademark litigation, companies need to provide records of trademark use to prove that their trademark has been actually applied in the market. Trademark usage records include the application of the trademark in product packaging, advertising promotions, sales contracts, and other aspects. Companies should keep these records and ensure that they can clearly display the usage scenarios and methods of the trademark.

In addition, companies should keep time records of trademark use to prove the continuity of trademark use. According to Japanese law, the exercise of trademark rights needs to be based on the actual use of the trademark. If a company does not use the trademark within a specific period, it may face the revocation of trademark rights. Therefore, time records of trademark use are crucial for proving the legality of the trademark.

3.3 Evidence of Trademark Market Influence

In trademark infringement cases, companies also need to prove the influence of their trademark in the market, especially when the trademark has high recognition, the market value of the trademark is an important consideration in litigation. The market influence of a trademark can be proven through multiple aspects, including sales data, records of market promotion activities, advertising expenditure, media coverage, and consumer surveys. In trademark litigation, courts often need to assess whether the trademark has high recognition and the actual impact of infringement on the reputation and market share of the trademark. Therefore, when collecting evidence of trademark market influence, companies should try to comprehensively demonstrate the popularity and commercial value of the trademark in the market.

Sales data is direct evidence of the market influence of a trademark. Companies can provide sales records, sales contracts, and financial reports related to products or services using the trademark, which can show the actual commercial value of the trademark. Especially for large enterprises, showing the market coverage, sales volume, and customer base of the trademark can help the court better understand the importance and commercial potential of the trademark.

Records of market promotion activities are also important evidence for assessing the market influence of a trademark. Companies can submit records of advertising campaigns carried out to promote the trademark, including advertising expenditure, media channels for advertising placement, regions and audiences covered by advertising, etc. Companies usually invest a lot of resources in trademark promotion, and the specific data of these resource investments can reflect the promotional efforts and influence of the trademark in the market. For example, the scale of a company’s advertising in multiple channels such as television, newspapers, and online platforms can illustrate the extent of dissemination of its trademark.

Consumer surveys are an effective way to prove the market recognition of a trademark. Companies can conduct questionnaire surveys on consumers in the target market through third-party market research institutions to obtain feedback on consumer awareness and brand image of the trademark. In litigation, these survey reports can be submitted to the court as evidence to help the court determine whether the trademark has established a unique brand recognition in the market.

In addition, media coverage and industry awards can also provide support for the market influence of a trademark. Positive media coverage can not only enhance the market awareness of the trademark but also strengthen its credibility; while important awards and honors in the industry can further prove the professionalism and brand value of the trademark. For example, if a well-known brand wins an international industry award, it indicates the authority and recognized status of its trademark in the industry, and the court will fully consider these factors when assessing the value of the trademark.

By collecting and providing this evidence related to the market influence of the trademark, companies can demonstrate the market value of their brand in trademark litigation and prove the actual damage caused to their trademark by infringement. This not only helps companies obtain compensation but also lays the foundation for further protection of the trademark.

IV. Evidence Collection in Copyright Litigation

Copyright disputes involve the protection of intellectual property rights for creative works, including various forms such as literature, art, music, and film. In copyright litigation, businesses and individuals need to prove the originality of their works as well as the actual use and distribution of these works. This article will detail the key points of evidence collection in copyright litigation.

4.1 Evidence of Work Originality

In copyright litigation, the originality of the work is the foundation for a successful lawsuit. Originality means that the work is produced through the author’s independent creative activity and possesses a certain uniqueness. Therefore, proving the originality of the work is key to combating copyright infringement.

To prove the originality of a work, businesses or individuals need to retain complete records of the creative process. For example, writers can keep drafts, revisions, and creative notes to demonstrate the conception and development process of their work. For visual art works, designers can preserve initial sketches, drafts, final designs, and modification records during the creative process. Music creators can provide original manuscripts of their compositions and arrangements, as well as original recordings. By showcasing various stages of the creative process, businesses or individuals can effectively prove the originality of their work and provide strong support for litigation.

Furthermore, timestamps can also provide powerful evidence of originality. During the creative process, businesses or individuals can use online storage platforms or copyright registration agencies to record timestamps for their created works, proving the chronological order of creation. This method not only facilitates the management of creative records but also provides the court with a timeline of the work’s creation in case of infringement disputes, further supporting claims of originality.

4.2 Preservation of Copyright Registration Documents

Although in Japan, copyright automatically takes effect upon completion of the work without the need for specific registration, copyright registration remains effective evidence in copyright litigation. In the event of a copyright dispute, copyright registration can provide legal basis for the ownership of the work by the author or business.

After creating a work, businesses or individuals can choose to register their copyright with a copyright registration agency. The registration process includes filling out basic information about the work, its creative background, and submitting samples of the work. In the event of a copyright dispute, the copyright registration certificate can serve as evidence, proving the ownership of the work and its copyright holder. Therefore, businesses should properly preserve their copyright registration documents for prompt provision in litigation.

Additionally, when publishing or distributing works, businesses should retain relevant contracts and license agreements for copyright use to ensure the legality of copyright in commercial use. Through these documents, businesses can clearly demonstrate the copyright ownership of their works and avoid copyright disputes due to improper use.

4.3 Collection of Work Usage Records

In copyright infringement litigation, businesses or individuals also need to provide evidence of actual use of the work, proving that the infringement caused substantial damage to their work. Usage records of the work include publication records, distribution volume, sales contracts, and usage license agreements. These records can demonstrate the actual distribution of the work and the economic losses caused by infringement.

For example, in the field of book publishing, publishers should retain all publication contracts, printing records, and sales reports. These documents can prove the actual circulation of the work in the market, helping the court judge the impact of infringement on the market value of the work. In the music and film industries, businesses or individuals can provide sales records of music albums, viewing data of films, etc., to demonstrate the distribution range and audience of the work.

Moreover, businesses should retain financial records related to the use of works, such as royalty payment records and license fee income. These records can provide the court with quantitative basis for direct economic losses caused by infringement, helping businesses seek reasonable compensation in litigation.

V. Application of Electronic Evidence in Intellectual Property Litigation

With technological advancement, the importance of electronic evidence in intellectual property litigation is increasing. Electronic evidence can include emails, database records, digitized documents, web screenshots, etc. Due to the special nature of electronic evidence, businesses must pay attention to its integrity, authenticity, and verifiability when collecting and preserving such evidence.

5.1 Preservation of Emails and Digital Files

As the primary tool for modern business communication, emails often contain important information related to intellectual property litigation. For example, records of patent technology communications, trademark design communication processes, and copyright agreements for work creation may all exist in the form of emails. Therefore, businesses should pay attention to retaining email records related to the case in intellectual property litigation.

When preserving emails, businesses should ensure the integrity of the emails, including the sender, recipient, sending time, attachments, and other content. Businesses can use email archiving tools or third-party electronic evidence management platforms to categorize and preserve emails for provision during litigation. Especially in emails involving technical details of patents and trademarks, any modification or deletion will affect the legality of the evidence.

5.2 Preservation of Database and Server Logs

For technology companies, data from the technical development process is usually stored in internal databases or servers. This data may include technical development records, experimental data, technical improvement plans, etc. In intellectual property litigation, database records and server logs can serve as effective evidence, proving the efforts made by the company in the technical development process and the occurrence of infringement.

When preserving these records, companies must ensure the security and integrity of database and server logs. For example, companies can regularly back up databases to ensure data is not lost due to system failures or human factors. At the same time, companies should use timestamp technology to ensure that the recording time of data can be proven and verified.

5.3 Web Screenshots and Digitized Evidence

In cases involving online infringement, companies can preserve evidence of infringement through web screenshots. For example, companies can use web screenshots to preserve webpage content where the infringing party uses their trademark or patent technology, and submit these screenshots as evidence to the court. When preserving web screenshots, companies should try to retain complete information of the webpage, including the URL, timestamp, and other content, to ensure the integrity and verifiability of the evidence.

In addition, companies can use webpage archiving tools to completely archive and preserve infringing webpages. These tools can save the source code of the webpage along with all visible content, ensuring that companies can provide sufficient evidence to prove the existence of infringement in future litigation.

VI. Precautions for Preserving Intellectual Property Evidence

In intellectual property litigation, the preservation of evidence not only relates to the success or failure of the litigation but also determines the effectiveness of the evidence in court. After collecting evidence, companies must comply with strict preservation requirements to ensure that the evidence does not become invalid or lose legal effect during the litigation period. This article will detail key precautions for preserving evidence in intellectual property litigation, helping companies avoid problems in the evidence preservation phase.

6.1 Ensuring the Integrity of Evidence

The integrity of evidence is the most basic requirement in intellectual property litigation. Any form of tampering, omission, or damage may lead to the rejection of evidence by the court. When preserving evidence, companies should take the following measures to ensure its integrity:

First, companies should establish a comprehensive evidence preservation system. For paper documents, companies can use fireproof, moisture-proof, and insect-proof file cabinets for storage, and regularly check the condition of the documents to ensure they are not damaged by natural factors. For electronic evidence, companies can adopt multiple backup methods, using external hard drives, cloud storage, and other means to preserve copies of evidence, avoiding loss of evidence due to system failures or hacker attacks.

Second, companies should ensure that evidence is not tampered with during the preservation process. Especially when preserving electronic evidence, companies can use digital signature and timestamp technology to prevent evidence from being tampered with or forged. Digital signatures can guarantee the reliability of the source of evidence, while timestamps can record the generation time of evidence, ensuring its legal effect in court.

6.2 Ensuring the Legality of Evidence

In Japan, the acquisition and preservation of evidence must comply with legal regulations, and evidence obtained through illegal means cannot be used in court. Therefore, companies must ensure that their method of obtaining evidence is legal when preserving it. For example, unauthorized recordings, illegally intercepted emails, or unauthorized document copying may be considered illegal evidence by the court.

To ensure the legality of evidence, companies should strictly comply with Japan’s privacy and information protection laws. When collecting evidence such as emails and phone recordings, companies must obtain explicit consent from relevant parties. For evidence involving employees, such as work emails and work logs, companies should clearly stipulate rules for evidence collection and use in employee contracts to avoid future legal disputes.

Furthermore, when cooperating with third parties, such as partners, suppliers, or customers, companies should clearly stipulate obligations and permissions for preserving intellectual property-related evidence in contracts. If disputes occur, companies can request relevant evidence from cooperating parties based on the contract, thereby strengthening the legal basis for litigation.

6.3 Maintaining Time Records for Evidence

Time records are an important factor in intellectual property litigation, especially in patent and copyright disputes, where the timing of evidence is often key to determining the outcome of a case. For example, in patent infringement cases, the patent application date can determine the priority of patent rights, while in copyright disputes, the creation time of a work can prove its originality.

To ensure time records for evidence, companies should clearly mark time information when preserving each piece of evidence. For electronic evidence, companies can use system-generated timestamps; for paper evidence, companies can use archiving timestamps or document preparation dates as the basis for time records. Additionally, companies should establish detailed evidence preservation logs, recording the preservation time, method, and location for each piece of evidence, so that a complete chain of evidence can be provided in court.

6.4 Avoiding Loss and Damage of Evidence

Loss or damage of evidence is a common problem in intellectual property litigation, especially during long-term evidence preservation. Companies must take measures to ensure that evidence is not affected by external factors. For paper documents, companies should regularly check the preservation status of documents to prevent damage due to factors such as humidity, temperature, or pest infestation. At the same time, companies should consider making backup copies of important documents and storing originals and copies separately to prevent unforeseen disasters or accidents.

For electronic evidence, companies should adopt multiple backup measures and regularly check the integrity of backup files. Companies can back up important electronic evidence to multiple different storage media (such as cloud storage, external hard drives, servers, etc.) and store them in multiple physical locations. In addition, companies should consider using encrypted storage methods to prevent unauthorized access to or tampering with electronic evidence.

To further ensure the security of evidence, companies can introduce professional evidence management systems. These systems can monitor and manage the preservation, access, and use of evidence comprehensively, ensuring that every retrieval and modification of evidence is recorded in detail. This not only prevents misuse by internal personnel but also provides detailed log records in case of evidence loss or tampering, helping companies trace the root cause of problems.

6.5 Ensuring Traceability of Evidence

The traceability of evidence is an important factor in ensuring its legality. When reviewing intellectual property cases, courts often need to examine the source and preservation process of evidence to judge its credibility. Therefore, companies should ensure that each piece of evidence they collect and preserve has detailed source records and preservation paths.

Companies can establish evidence management systems to record the collection, transmission, and preservation processes of evidence. For example, when a technical document is submitted as evidence, the company should record the creation time of the document, the personnel who created it, the transmission path, and the preservation method. In this way, companies can provide a complete traceable path for each piece of evidence, ensuring that the evidence has legal effect in court.

Furthermore, in cases of multi-party collaboration, such as multinational corporations or large project teams, the traceability of evidence becomes particularly important. Companies should ensure that each participating party fulfills their obligations in the evidence collection and preservation process, and clearly stipulate evidence preservation standards and tracing mechanisms through contracts or agreements. This way, companies can effectively prevent unfavorable situations in the litigation process due to missing evidence or unclear sources.

VII. Risk Management in Evidence Collection

In intellectual property litigation, evidence collection and preservation involve certain risks, especially when facing complex technical disputes or cross-border legal systems. The legality, integrity, and reliability of evidence may be challenged. To mitigate evidence-related risks during litigation, companies should adopt a series of risk management measures to ensure their evidence is fully recognized in court.

7.1 Preventive Evidence Collection

In intellectual property management, preventive evidence collection is an effective risk management strategy. Companies should proactively collect and preserve relevant technical documents, marketing records, creation processes, and other evidence during their daily operations, especially in research and development, design, and brand building processes. This should be done even when no disputes have occurred.

Through preventive evidence collection, companies can quickly provide necessary evidence when potential intellectual property disputes arise, reducing legal risks caused by missing or lost evidence. Especially for complex technology or long-term R&D projects, companies should establish dedicated evidence collection teams to regularly archive and inspect evidence, ensuring that each stage of technological progress is documented.

7.2 Collaboration between Legal and Technical Experts

In intellectual property litigation, the technical nature of evidence requires companies to combine the opinions of legal and technical experts. For patent disputes or technically complex cases, companies should work closely with legal advisors and technical experts to ensure that their technical documents, design drawings, and R&D records meet legal requirements. Meanwhile, technical experts can help companies identify which technical details may be significant to the case and ensure the accuracy and completeness of these technical documents.

Legal experts can provide guidance on the legality of evidence, ensuring that companies do not violate privacy, data protection, and other legal regulations when collecting evidence, avoiding evidence being excluded in court due to improper collection. Through the collaboration of legal and technical experts, companies can effectively reduce risks in evidence collection and strengthen their legal position in litigation.

7.3 Internal Control of Evidence Preservation Process

Companies should establish strict internal control mechanisms in the evidence preservation process to ensure that evidence is not misused or lost during storage. The evidence preservation process should clearly define responsibilities, ensuring that only authorized personnel can access and manage evidence. Additionally, companies should regularly audit their evidence preservation systems to ensure they comply with internal control standards and legal requirements.

For large companies, especially multinational corporations, internal control of evidence preservation is particularly important. Companies should develop globally unified evidence preservation policies to ensure that branches in different regions can preserve evidence according to the same standards, avoiding legal risks due to regional differences or mismanagement.

VIII. Conclusion

In intellectual property litigation in Japan, the collection and preservation of evidence play a crucial role in the success or failure of a case. Whether it’s patent, trademark, or copyright disputes, companies must follow strict legal procedures to ensure the legality, completeness, and verifiability of evidence. This article aims to provide companies with a comprehensive guide to evidence in intellectual property litigation by detailing various aspects of evidence collection, enabling them to quickly and effectively collect and preserve relevant evidence when faced with infringement disputes, thus protecting their legitimate rights and interests.

8.1 Strengthening Preventive Evidence Management

The protection of intellectual property is not just about taking countermeasures after infringement occurs, but should be integrated into the entire process of a company’s daily operations. By strengthening preventive evidence management, companies can gain an active position in future litigation. Companies should regularly archive and manage core technologies, brands, and creative works, ensuring that all documents, data, and records related to intellectual property are properly preserved.

To achieve this, companies can consider the following points:

Establish an evidence preservation system: Develop standardized preservation processes for different types of intellectual property (such as patents, trademarks, and copyrights). The retention period, method, and authorized access rights for each type of intellectual property evidence should be clearly specified to ensure all departments follow unified standards in evidence management.

Train employees: Ensure that all employees, especially those in R&D, design, and marketing departments, understand the importance of intellectual property evidence and are familiar with best practices for evidence collection and preservation. Companies can raise employees’ awareness of intellectual property protection through regular training, ensuring they proactively retain relevant records in their daily work.

Dual protection of technology and law: Ensure the compliance and operability of the entire evidence management process by combining the advice of technical and legal teams. For example, during the R&D process, the technical team can ensure that development details of each technology are recorded, while the legal team can ensure these records meet future litigation requirements.

8.2 The Importance of Digital Evidence Management

As companies become increasingly digitalized, electronic evidence plays an increasingly important role in intellectual property litigation. Japanese courts have begun to accept electronic evidence more frequently, such as emails, electronic signatures, and database records. However, the legality, integrity, and authenticity of these electronic evidence are often more easily challenged. Therefore, companies must take corresponding measures to ensure that electronic evidence is recognized in court.

Companies should strengthen the following management measures:

Use digital signatures and timestamps: Ensure that all electronic documents, emails, and technical records are created with unalterable timestamps and digital signatures to guarantee their integrity and authenticity. These identifiers can provide strong evidence for the court, proving the creation time of documents or data and the fact that they have not been tampered with.

Multi-location backup and encrypted storage: To avoid evidence loss due to hacker attacks or equipment failures, companies should backup all critical electronic evidence in multiple locations and store it using encryption technology. This not only improves data security but also ensures that relevant evidence can still be retrieved through backups in case of system crashes or data loss.

Use professional evidence management systems: Some large companies have begun to use specialized electronic evidence management systems that can record the entire process of evidence preservation, access, and modification, and have automatic backup and encryption functions for evidence. By using these systems, companies can easily manage complex electronic evidence chains and ensure the integrity and legality of evidence.

8.3 Emphasis on Evidence Management in Cross-border Intellectual Property Litigation

For multinational companies operating in the Japanese market, intellectual property protection often involves multiple jurisdictions. Therefore, when collecting and preserving evidence, they must consider the requirements of different legal systems. Multinational companies often face complex legal and technical challenges in intellectual property disputes, especially in cross-border evidence collection, cross-border data storage, and privacy protection. Therefore, companies should pay special attention to evidence management in cross-border intellectual property litigation.

The following suggestions can help companies address the challenges of cross-border evidence management:

Understand legal requirements of various countries: When collecting evidence, multinational companies need to understand the regulations on evidence legality in different countries. For example, some countries may have strict regulations on data privacy and cross-border data transfer. Companies must ensure that their methods of collecting evidence do not violate local laws.

Hire international legal advisors: Multinational companies should hire international legal advisors familiar with Japanese and other relevant countries’ laws to help them understand and comply with legal requirements in different countries, especially in terms of evidence collection, transfer, and preservation. In cross-border litigation, due to significant differences in laws between countries, legal advisors can help companies handle complex legal issues and ensure the validity of evidence.

Strengthen global evidence management coordination: Multinational companies should establish unified evidence management policies and processes globally to ensure that all branches follow the same standards in evidence collection and preservation. This not only improves the efficiency of evidence management but also prevents evidence loss or invalidation due to policy differences in different regions.

8.4 Use of Evidence Preservation Procedures

In intellectual property litigation, especially in situations where evidence may be destroyed or tampered with by the opposing party, companies should consider taking evidence preservation procedures. This means applying to the court before litigation begins to preserve evidence that may be destroyed. This procedure can effectively prevent the opposing party from destroying or tampering with key evidence during the litigation process, ensuring that evidence can be fairly examined in court.

The evidence preservation procedure has the following advantages in Japanese intellectual property litigation:

Protect key evidence: Through evidence preservation, the court can order the infringing party to provide or retain evidence related to the case, such as technical documents, product samples, sales records, etc. This not only prevents the infringing party from deliberately destroying evidence but also secures more evidentiary support for the rights holder.

Accelerate litigation process: Evidence preservation can quickly lock down key evidence at the beginning of litigation, avoiding delays caused by lack of evidence or disputes during the litigation process. For companies, taking timely evidence preservation measures can give them more initiative in litigation.

When using evidence preservation procedures, companies should prepare relevant legal bases and application materials in advance to ensure that the court can make preservation decisions in the shortest possible time. At the same time, companies should work with legal advisors to assess the necessity and feasibility of evidence preservation to avoid legal disputes caused by improper preservation applications.

8.5 Secure Transmission and Confidentiality of Evidence

In intellectual property litigation, evidence often involves a company’s trade secrets, technical secrets, and core strategies. Therefore, how to ensure the secure transmission and confidentiality of evidence during the litigation process is a key issue that companies must consider. Companies need to adopt strict security measures to ensure that evidence is not leaked or stolen during the collection, transmission, and storage process.

Here are some suggestions for evidence transmission and confidentiality:

Encrypted transmission: When transmitting electronic evidence across departments or countries, companies should use encryption technology to ensure data security during transmission. By using technologies such as SSL and VPN, companies can effectively prevent hackers or third parties from intercepting sensitive data.

Sign confidentiality agreements: When cooperating with partners, lawyers, and third-party service providers, companies should ensure that all relevant parties sign confidentiality agreements, clearly specifying the usage rights and confidentiality obligations of the evidence. This can provide additional legal protection for companies during the litigation process, preventing evidence from being leaked or misused without authorization.

Use secure storage devices: When storing physical or electronic evidence, companies should use secure storage devices such as encrypted hard drives and secure servers. These devices should have tamper-proof and theft-proof functions to ensure that only authorized personnel can access and manage the evidence.

Through an in-depth discussion of evidence collection and preservation in Japanese intellectual property litigation, we can see that the legality, integrity, authenticity, and verifiability of evidence are crucial in litigation. When dealing with intellectual property disputes, companies must adopt comprehensive evidence management strategies to ensure that every aspect complies with legal requirements, thereby gaining an advantageous position in court.