Legal analysis: Litigation risk refers to the risk that parties may encounter factors other than disputed facts during litigation activities, which may affect the trial and execution of the case, resulting in the failure to realize their legitimate rights and interests.
Legal basis: "Several Provisions of the Supreme People's Court on Evidence in Civil Litigation" Article 4 For the following infringement lawsuits, the burden of proof shall be borne in accordance with the following provisions:
(1) Due to the manufacture of new products In patent infringement lawsuits caused by process invention patents, the unit or individual that manufactures the same product shall bear the burden of proof that the manufacturing method of the product is different from the patented method. (2) In infringement lawsuits involving damage caused by highly dangerous operations, the infringer shall be responsible for the intentional damage caused by the victim. The burden of proof shall be borne by the fact of the damage. (3) In damages litigation caused by environmental pollution, the infringer shall bear the burden of proof for the reasons for exemption stipulated in the law and the absence of a causal relationship between his behavior and the result of the damage. (4) Buildings or other facilities As well as tort litigation in which objects placed or suspended on a building collapse, fall off or fall, causing damage to persons, the owner or manager shall bear the burden of proving that he or she is not at fault. The breeder or manager bears the burden of proof that the victim is at fault or that a third party is at fault. (6) In tort litigation involving damage caused by a defective product, the producer of the product shall bear the burden of proof for the exemption reasons stipulated in the law. (7) Cause ***In tort lawsuits caused by dangerous behaviors that cause harm to others, the person who committed the dangerous behaviors shall bear the burden of proof that there is no causal relationship between his behavior and the damage results. (8) In tort lawsuits caused by medical behaviors, the medical institution shall There is no causal relationship between the behavior and the damage result, and there is no medical fault. The burden of proof is borne.
If relevant laws have special provisions on the burden of proof in infringement litigation, those provisions shall prevail.