What is the burden of proving patent infringement
The so-called burden of proof means that when the authenticity of a constitutive fact that causes the occurrence, change or elimination of a legal relationship is unknown, the party fails to apply the law based on the existence of the fact as a constitutive element because the court does not apply it. , and bear the burden of adverse legal consequences. In general civil litigation, the burden of proof is allocated between the original defendant and the defendant according to certain standards, but in patent infringement litigation, a situation in which the burden of proof will be reversed occurs.
Invention patents are divided into product invention patents and method invention patents. Since the manufacturing method is only used in the manufacturing process of the product, the right holder is required to enter the production site and conduct an investigation. , it is relatively difficult to obtain evidence that the alleged infringer has used the patented method. Therefore, starting from the principles of fairness and good faith, the burden of proof is reversed based on the distance of evidence. This is also consistent with the provisions of the TRIPS Agreement and in line with the actual situation. It has been widely used in various patent litigations in practice.
Liability for patent infringement
Whether it is an administrative procedure or a judicial procedure, its processing includes civil sanctions There are three forms: administrative sanctions and criminal sanctions.
(1) Civil liability for infringement.
Patent law mainly uses civil sanctions for patent infringement. When patent management agencies or people's courts deal with infringement, they mainly order the infringer to stop the infringement and compensate for losses. . Stopping infringement is the most effective and direct way to prevent continued infringement. According to the relevant provisions of the General Principles of the Civil Law, if any person commits an act of patent infringement for the purpose of production and business operations without permission, the patentee or interested party may request to cease the infringement. At the same time, the patentee or interested party may also request to take preventive measures, such as disposing of infringing products that have been produced, etc. The people's court may make a ruling on litigation preservation, order the defendant to stop the infringement, and take measures such as sealing, detaining, freezing, Ordered to provide guarantees and other litigation preservation measures. Once the patentee proves infringementfacts, you can claim compensation for losses.
(2) Administrative liability for infringement.
my country's Patent Law stipulates administrative liability for infringements such as counterfeiting other people's patents, leaking state secrets, and engaging in malpractice for personal gain. In addition, my country's patent law also stipulates administrative liability for infringement of the legitimate rights and interests of inventors or designers. Its purpose is to safeguard the legitimate rights and interests of scientific and technological personnel and other personnel conducting scientific research and creation, so as to protect and stimulate their enthusiasm for invention and creation.
(3) Criminal liability for infringement.
According to the provisions of my country's "Patent Law", patent infringement is mainly subject to civil sanctions, but sometimes criminal sanctions are also required. Because infringement not only involves the property rights of the patentee, but sometimes also involves public interests. The most effective sanction for violations of the public interest is criminal sanctions.
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