Burden of Proof in an Infringement Litigation over a Patent for a Process of Manufacture in China

(Author: Xiaojun Guo; Source: CCPIT)

I.      Introduction

Article 64(1) of the China’s Civil Procedure Law (in effect Jan. 1, 2013) stipulates that, A party shall have the responsibility to provide evidence in support of its own propositions.

Article 2 of the Some Provisions of the Supreme People’s Court on Evidence in Civil Procedures (in effect April 1, 2002) reads,

The parties concerned shall be responsible for producing evidence to prove the facts on which their own allegations are based or the facts on which the allegations . . .

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