Research On The Distribution Of Burden Of Proof In Trademark Infrigement Disputes

Burden of proof through the whole litigation procedure,it is the core of litigation;the parties restore the truth by it.The evidence is the proof of the litigant's legal rights;it is also the basis for the people's court to play a decisive role.Trademark infringement as a kind of intellectual property cases,the application of the burden of proof should follow the general rules of civil procedure,supplemented by special provisions,it is also need considering the special case to redistribute the burden of proof during the trail,so it is very important to handle the distribution of burden of proof during the trial.The reputation of the trademark is an important embodiment of the value of the trademark;the trademark owner has the right to use the registered trademark in the approved goods or services,and own the trademark rights.In case of the consumer confused with the good or service resource,it will result in trademark infringement,and will be involved in trademark law.Therefore,it is very important to research the distribution of the burden of proof for the parties in the process of litigation.This article try to make a research for the general rules of the burden of proof allocation in civil case,do the preliminary discussion for what need to pay attention,how to allocate the burden of proof for civil case trail.This article includes four chapters: Chapter 1 describes the general rules of burden of proof in civil litigation,including the concept,theory and nature of civil proof responsibility of our Country.Chapter 2 studies the special rules of the burden of proof in trademark infringement litigation,includes the special rules of civil procedure for the distribution of burden of proof,the applicability and significance,some cases that shifting the burden of proof in trademark infringement.Chapter 3 studies the problems of the allocation of burden of proof implementation,try to find a solution;Chapter 4 brings forward the way to improve the allocation of burden of proof in trademark infringement cases.