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Mr. Charles Feng delivered a keynote speech on "The Impact of Malicious Interference with Evidence Preservation on Judgments in Software Copyright Infringement Litigation" at the invitation of the Japan External Trade Organization (JETRO)

2024-10-16 Views:4623

On September 13, 2024, the 5th Annual Seminar on Trends in Intellectual Property in China, hosted by JETRO's Beijing office, was successfully held. Mr. Charles Feng, Partner and Director of International Business Department of Tahota Law Firm, was invited as a guest speaker for the seminar.

 

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In his speech, Mr. Feng analyzed the necessity of applying for evidence preservation in software copyright infringement litigation using specific cases he represented. He highlighted two key points: first, it is beneficial for identifying infringing acts; second, it helps safeguard the rights and interests of the rights holder.


Additionally, Mr. Feng provided an in-depth analysis of the potential impact of interference with evidence preservation on the court's application of the principle of evidence presumption. He explained that even if evidence preservation is obstructed by the infringer, using the principle of evidence presumption allows the court to consider such interference as a serious circumstance when determining the amount of damages for infringement, ultimately leading to compensation that is more favorable to the rights holder.

 

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Finally, Mr. Feng engaged in a lively discussion with both in-person and online attendees regarding the seminar's theme, addressing the participants' questions and receiving enthusiastic feedback and high praise from those present.

 


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