证明妨碍规则在知识产权证据保全中的适用

The Application of the Proof of Obstruction Rule in Intellectual Property Evidence Preservation

摘要: 《知识产权证据规定》创设性地对知识产权中妨碍证据保全的行为提出了“承担不利后果”的私法效果，具有进步意义。但由于法条表述不明确，为保障证明妨碍规则的适用，仍需要从构成要件与法律效果两个层面予以明确。因此本文主要针对知识产权证据保全中的证明妨碍规则阐述客观要件的构成，并探讨主体要件的扩展。并分析采用以“推定证据所涉证明事项成立”为原则的多元法律效果的合理性。

Abstract: The “Provisions on Intellectual Property Evidence” creatively puts forward the private law effect of “suffering adverse consequences” for behaviors that hinder evidence preservation in intellectual property rights, which is of progressive significance. However, due to the unclear expression of the law, it still needs to be clarified from the two aspects of constituent elements and legal effect, so as to ensure the application of the proof of obstruction of the rules. Therefore, this paper mainly focuses on the proof obstruction rules in intellectual property evidence preservation, expounds the composition of the objective elements, and discusses the extension of the main elements. It also analyzes the rationality of adopting the principle of multiple legal effects based on the principle of “presumably the evidence involved in the evidence is established”.