How to divide the burden of proof in intellectual property cases? The parties have the responsibility to provide evidence for their claims. The distribution of burden of proof is to determine the scope of burden of proof of the parties according to certain standards. The first paragraph of Article 64 of China's Civil Procedure Law stipulates: "The parties have the responsibility to provide evidence for their own claims." This is the basic principle of the distribution of burden of proof in the field of civil litigation in China. However, this principle cannot solve the problem of burden of proof distribution in intellectual property cases. China's patent law stipulates that when a patent dispute occurs, the invention patent is the manufacturing method of a new product, and units and individuals that manufacture the same product shall provide proof of the manufacturing method of the product. This is a special provision on the burden of proof sharing in patent litigation. In intellectual property litigation, due to the invisibility of the object of rights and the fact that the obligee has no access to the evidence held by the infringer, it is often difficult for the obligee to directly prove the infringer's infringement in some cases. The burden of proof refers to the responsibility that the parties must provide evidence to prove their claims and the responsibility that they must bear when they can't prove it. The burden of proof of the parties shall be shared according to the specific circumstances of the case. If the burden of proof borne by the parties cannot be proved, they shall bear the responsibility of losing the case. China's civil procedure law stipulates that the parties have the responsibility to provide evidence for their claims. This is the basic principle of burden of proof sharing, that is, the principle of "whoever advocates, who gives evidence". In China, the rule of burden of proof sharing is based on the general principle of "whoever advocates, who gives evidence". For some special infringement cases, the so-called "inversion of burden of proof" rule is adopted. The burden of proof in civil litigation is one of the core issues of civil litigation theory. In common law system and civil law system, burden of proof has different meanings. Therefore, it is necessary to first clarify the meaning of the burden of proof. According to the above concept of burden of proof, if the parties can't prove the facts of the case, they will bear the result of losing the case. Then, how the law stipulates the sharing of the burden of proof of the parties may directly affect the trial result of the case. Therefore, it is the premise and foundation of realizing a fair trial to reasonably determine the rules of burden of proof sharing. I hope that through the above, you can have a deeper understanding of the problems related to the burden of proof in intellectual property cases. If your situation is complicated, this website also provides online consultation service for lawyers, and you are welcome to make legal consultation.
Legal objectivity:
Article 123 of the Civil Code, civil subjects enjoy intellectual property rights according to law, including works; Inventions, utility models and designs; Trademark; Geographical indications; Trade secrets; Layout design of integrated circuits; New plant varieties; Other articles prescribed by law.