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The Research Of Related Proof About New Product Manufacturing Method Patent Infringement Litigation

Posted on:2013-02-13Degree:MasterType:Thesis
Country:ChinaCandidate:H Z LiFull Text:PDF
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New products manufacturing method patent infringement litigation is a very complex civil litigation.In cases of this kind of litigation process can involve a lot of need to be proof of one.But because China's laws and regulations of the lag of the various regulationsand judicial practice concrete operation.On the proof and the parties in the process of the burden will appear a lot of problems,We should go to take corresponding measures to solve them in problems appeared in the course of proof.In order to truly do find out the facts of the case, maintain the party's legitimate rights and interests.This article through to the representation of the case to come up to us to prove all the problems, the specific case, the parties, the overview of the plea, trial results, and finally puts forward the need to prove. Our new product manufacturing method of patent infringement litigation needs to prove to the various specific problems, including new products of the determination, method of range and the same patent extension of the determination, the burden of products of the cart before the horse. But in the above to parts of the process of the proof of the existence of all kinds of problems, including evidence in the letter, the evidence collection and preservation, the burden of the distribution of the existing problems so we should be based on the existing problems and puts forward the specific measures, including the standard of evidence in standard, perfect letter evidence collection and preservation, perfect the burden distribution mechanism, and the introduction of the main foreign evidence open system.New product manufacturing methods in the patent infringement litigation involves will has very many problems, especially about the burden of the determination, is1984years of experience in the patent law of the strict liability to1991years of the tri agreement, the difference between the burden of proof in1992to the patent law provided with a limit of burden of proof the cart before the horse. But in the judicial practice in the face of new products we manufacture method of patent infringement of action or not to good use the burden of the method to solve the actual problem. But as long as we insist on the new product manufacturing method perfect patent liability on the burden of proof distribution mechanism and the introduction of a reasonable foreign evidence open system. I believe in new products that eventually manufacturing method patent infringement on the road will go further, to better solve this kind of case of the determination and processing, really can do it to protect the interests of all parties concerned.
Keywords/Search Tags:New products, Method patent, Burden, Discovery of Evidence
PDF Full Text Request
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