Principles of liability for eight special infringements, burden of proof, and grounds for exemption

See: "Several Provisions of the Supreme People's Court on Evidence in Civil Litigation"

Article 4 clearly stipulates: For the following infringement lawsuits, the burden of proof shall be borne in accordance with the following provisions:

< p>(1) In patent infringement lawsuits arising from invention patents for new product manufacturing methods, 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) High In a tort lawsuit involving harm caused by dangerous operations, the infringer shall bear the burden of proof for the fact that the victim intentionally caused the damage;

(3) In a lawsuit for compensation for damages caused by environmental pollution, the infringer shall bear the burden of proof as provided by law. The person responsible for the exemption shall bear the burden of proof that there is no causal relationship between the exemption and the behavior and the damage result;

(4) Buildings or other facilities, as well as objects placed or suspended on buildings collapse, fall off or fall, resulting in In a tort lawsuit involving harm to a person, the owner or manager shall bear the burden of proof that the owner or manager is not at fault;

(5) In a tort lawsuit in which the raising of an animal causes harm to a person, the owner or manager of the animal shall bear the burden of proof for the victim’s fault. The burden of proof shall be borne by the person who is at fault or the third party is at fault;

(6) In tort litigation where a defective product causes damage to a person, the producer of the product shall bear the burden of proof for the exemption reasons stipulated in the law;

(7) In a tort lawsuit involving personal injury caused by the same dangerous behavior, the person who committed the dangerous behavior shall bear the burden of proof that there is no causal relationship between his behavior and the result of the damage;

( 8) In tort litigation caused by medical behavior, the medical institution shall bear the burden of proof that there is no causal relationship between the medical behavior and the damage results and that there is no medical fault.

If relevant laws have special provisions on the burden of proof in infringement litigation, those provisions shall prevail.