14
2020
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05
Legal Shengbang Dynamics | The Intellectual Property Department Successfully Holds a Notarization Practice Sharing Conference
On the afternoon of May 13th, the Intellectual Property Department of Guangdong Legal Shengbang Law Firm invited Notary Public of Xiamen Lujiang Notary Prescription Xin to give a lecture on notarization practice and notarization cloud "witness record". The lecture was attended by Lawyer Luo Suifang, Minister and Senior Partner of the Intellectual Property Department, Lawyer Sun Yueqin, Secretary General of the Intellectual Property Department, and eight other lawyers from the law firm.
On the afternoon of May 13th, the Intellectual Property Department of Guangdong Legal Shengbang Law Firm invited Notary Public of Xiamen Lujiang Notary Prescription Xin to give a lecture on notarization practice and notarization cloud "witness record". The lecture was attended by Lawyer Luo Suifang, Minister and Senior Partner of the Intellectual Property Department, Lawyer Sun Yueqin, Secretary General of the Intellectual Property Department, and eight other lawyers from the law firm.
Note: Xiamen Lujiang Notary Office was established in June 2000 and is one of the first pilot units for the national notarization system reform cooperation system. It is under the jurisdiction of Faxin Notary Cloud (Xiamen) Technology Co., Ltd., dedicated to providing information services and technical support for the notarization industry. Xiamen Lujiang Notary Office, in collaboration with Faxin Notary Cloud (Xiamen) Technology Co., Ltd., has established the first comprehensive intellectual property legal service center in China consisting of notaries, lawyers, internet engineers, and intellectual property professionals. With the role of "evidence expert" and the development model of "notarization+internet", it provides full process intellectual property legal protection.
Firstly, Notary Public Fang Xin introduced the current situation of electronic evidence preservation in the Internet era. Due to the increasing complexity of electronic evidence on the Internet and the many controversies surrounding the judicial determination of electronic evidence, the role of notarization is particularly important.
When notarization participates in preserving evidence, its authenticity and legality can be recognized by the court, unless there is evidence to the contrary that overturns the notarization certificate, which is the advantage and value of notarization.
《Notarization Law of the People's Republic of China》
Article 2 Notarization is the activity of a notary institution to prove the authenticity and legality of civil legal acts, legally significant facts, and documents in accordance with legal procedures, based on the application of natural persons, legal persons, or other organizations.
Article 6: A notarial institution is a certification institution established in accordance with the law, not for profit, that independently exercises notarial functions and bears civil liability in accordance with the law.
《Civil Procedure Law of the People's Republic of China》
Article 69: The people's court shall serve as the basis for determining legal facts and documents that have been notarized through legal procedures, unless there is evidence to the contrary that is sufficient to overturn the notarized certificate.
《Several Provisions of the Supreme People's Court on Evidence in Civil Litigation》
Article 10: The parties do not need to provide evidence to prove the following facts: (5) facts that have been confirmed by the effective award of the arbitration institution; (6) The basic facts confirmed by the legally effective judgment of the people's court; (7) A fact that has been proven by a valid notarized document.
Article 93: If the content of electronic data has been notarized by a notary agency, the people's court shall confirm its authenticity, unless there is evidence to the contrary that is sufficient to overturn it.
Next, Notary Public Fang Xin demonstrated to us the certificate storage function of the China Intellectual Property Notary Service Platform (www.ipnotary. com), which can perform "pre registration" for original protection of copyrights, patents, trademarks, and trade secrets. The "Notary Cloud" (electronic data storage platform: www.ezcun.com) can collect evidence, including web page forensics (static page forensics) and witness records (dynamic behavior preservation), as well as the Notary Cloud APP and dedicated forensics mobile phones.
The lawyers present also raised some practical questions about notarization to Notary Public Fang Xin, who provided professional answers and discussions one by one.
Compared to traditional notarization methods, notarization through the "notarization cloud" is a huge transformation in the Internet era, and the "notarization+technology" model is empowering the legal industry. Even though the "Notary Cloud" can store certificates through platforms, apps, mini programs, and other means, which has brought great convenience to people, the current application scope of the "Notary Cloud" still needs to be further expanded and complementary to traditional notarization models.
Lawyer Luo Suifang also stated that in handling intellectual property business, it is often necessary to notarize evidence, and the innovative model of "notarization+internet" is indeed a skill that contemporary lawyers must learn.
At this point, this lecture has successfully ended with applause from everyone. We also hope that in the era of the Internet, the "technology+" model can actively promote the development of notarization practice and empower modern legal services!
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