方法专利侵权诉讼中举证责任分配问题研究法律(非法学)专业论文.docxVIP

This dissertation takes ZhangXishui v. Nanan HongLai xiangfa foodstuffs factory. as a breakthrough point, stating the burden of proof of “new product”.the reversion burden of proof and the influence of evidence preservation to the burden of proof. Part I gives a brief introduction to the burden of proof of “new product”. firstly, this paper based on the basic principles of distribution in the burden of proof and standard of proof. the determination and standard of “the new products”and“the same product are defined”, then analyzing how to distribute the burden of proof about manufacturing method patent for invention, for the new product, rules of the reversion burden of proof are obliged to obey. for the non-newly product, the plaintiff shall bear the burden of proof to the defendant in a fact or disbelieve. Part II is the responsibility to undertake about reversion burden of proof. In the new product’s patent infringement lawsuit, the burden of proof would be taken by the defendant, but it doesnt mean that the plaintiff does not bear the burden of proof, the plaintiff must be completely meet some of the facts, the burden of proof will be transferred to the defendant and the burden of proof would be converse between the plaintiff and the defendant. Part III is about the influence of the preserved evidence to the burden of proof. The evidence to be preserved which is an indispensable means of proof in civil action also in the patent infringement lawsuit. In the patent infringement lawsuit of involving new product manufacturing method, the defendant may conceal the proof which goes against himself for self-protecting, which requires the plaintiff asking for the evidence preservation, thus the defendant’s evidence was be mastered . Part IV gives some suggestions to perfect the burden distribution system in method patent infringement.Mainly discusses the defects in legislation and judicature of the system and proposes the relevant improvement suggestions based on the de