On The "Proof Difficulty" Of Patent Infringement Litigation And Countermeasures

Patent infringement litigation is a kind of typical evidence biased infringement litigation.In patent infringement litigation,it is often difficult for the obligee to provide evidence for the elements of the legal relationship of patent infringement,such as the subjective fault of the infringer,the infringement act and the amount of compensation,which is not favorable to the protection of intellectual property in China.In addition to the intangible characteristics of the object of patent right,the current legal system of our country is the direct reason for the burden of proof that the obligee is hard to complete.There are many rules of proof in patent infringement litigation in the United States,Germany and Japan that we can learn from.For example,the principle of no fault liability in patent infringement litigation,the "price erosion method" and "infringement cost deduction method" are used to calculate the amount of patent infringement compensation.Especially in Germany,the system of case interpretation obligation is of great value to solve the problem of proof difficulty in patent infringement litigation as a whole in our country.In order to solve the problem of proof difficulty in patent infringement litigation in China,we should design the system of case interpretation obligation with Chinese characteristics after the in-depth investigation of Germany's characteristic and practical system and analysis of China's national conditions...