Gathering Evidence for Intellectual Property Infringement: Legal Checklist

Introduction: The Burden of Proof in IP Law

In intellectual property disputes, the plaintiff (the IP owner) bears the primary burden of proof. Merely claiming that a competitor is copying your trademark, copyright, or patent is not enough; you must present clear, admissible evidence to secure court injunctions.

Proper evidence collection prevents the infringer from destroying proof and ensures your case stands up in court. This guide provides a strategic checklist for gathering IP infringement evidence.

1. Evidence for Trademark and Copyright Infringement

Test Purchases: Purchase the infringing product and obtain a formal tax invoice showing the vendor’s details and the product name.

Digital Evidence: Take high-quality, time-stamped screenshots of the infringing listings, websites, or social media pages.

Notarization: Have a notary public or an independent third party witness the access of the website to prevent the defendant from claiming the screenshots are doctored.

2. Admissibility and Section 65B Certificates

Under Section 65B of the Indian Evidence Act, any digital evidence (emails, screenshots, digital invoices) is only admissible in court if accompanied by a signed Section 65B Electronic Certificate verifying the integrity of the device used to print or download the evidence.

Frequently Asked Questions

1. What is a test purchase invoice?

A formal invoice issued by a seller containing the purchase date, product name, and VAT/GST details, proving the sale of infringing goods.

2. Why is a Section 65B certificate mandatory?

It is a statutory requirement in India to verify that digital evidence has not been tampered with or edited.

3. Can investigators be hired to gather IP evidence?

Yes. Hiring independent private investigators is common to conduct audits and trace the origin of counterfeit manufacturing rings.

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Disclaimer: The information provided in this guide is for educational purposes only and does not constitute formal legal or financial advice. Please consult a qualified professional before making business decisions.