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Stop before litigation of the Supreme People's Court on violations of the right to exclusive use of registered trademarks and preserve evidence of the interpretationof the applicable law on December 25, 2001, the Supreme People's Court trial adopted at the 1203th meeting of the Commission. On January 9, 2002, to be published, as of January 22, 2002.
The Supreme People's Court concerning the trial of trademark cases about jurisdiction and the legal interpretation of the issue of the scope of 1203th on December25, 2001 by the Supreme People's Court, the Judicial Committee for adoption. OnJanuary 9, 2002, to be published, since as of January 21, 2002.
(December 6, 2001 1201th meeting of the Supreme People's Court, the Judicial Committee, published on January 9, 2002, as of April 1, 2002)
Method of release (2001), 33rd
To ensure the Court correctly found that the facts of the case, fair and timely hearing civil cases, guarantee and facilitate the parties exercise their litigation rights according to law, according to the civil procedure law of the people's Republic of China (hereinafter referred to as the Civil Procedure Act) and other relevant legal provisions, combined with the civil trial experience and the actual situation, these provisions are formulated.
First, proof
First counterclaims by the plaintiff to the people's Court or the defendant shall beaccompanied by appropriate evidence of the conditions for prosecution.
Article II the parties for their own claims on the basis of facts or rebutted his claims are based on the fact that had the responsibility to provide the evidence to prove it.
No evidence or insufficient evidence to prove claims, by bears the burden of proof of the parties bear the adverse consequences.
Article III Court shall explain to the parties the evidentiary requirements and legal consequences, prompting the parties within a reasonable period of active, comprehensive, accurate, honest and complete proof.
Evidence for objective reasons cannot be collected by the parties, to request the people's Court to investigate gathering.
Following infringement proceedings of fourth article, bear the burden of proof according to the following provisions:
(A) patent infringement due to new manufacturing method patent litigation, by producing the same products with unit or individual manufacturing method is differentfrom the patented process for its products bear the burden of proof;
(B) the infringement of the personal damage caused by highly dangerous operation, by the perpetrator the victim intentionally damaging facts to bear the burden of proof;
(C) the damages caused by environmental pollution, the injuring person exemptionunder the law and no causal relationship between damage and bear the burden of proof;
(D) use buildings or other facilities, as well as buildings, hanging objects collapse,fall, fall injury caused by infringement by the owners or managers of its liability without proof of fault;
(E) the tort litigation for personal damage caused by animals, animal keeper or Manager of the victim is at fault or the third party bears the burden of proof of fault;
(F) the tort litigation for damages caused by defective products, the producer exemption bear the burden of proof under the law;
(VII) causing damage due to the joint dangerous act of infringement proceedings,by people who commit dangerous acts on their actions and the harmful consequences bear no causal relationship between the burden of proof;
(VIII) from tort caused by medical treatment from medical institutions between medical treatment and damage results there is no causal relationship and there is noburden of proof on medical mistakes.
Relevant laws have special provisions on burden of proof in tort litigation, from itsprovisions.
In cases of dispute over contracts, the fifth, the party advocated the establishmentand entry into force of the contract the contract conclusion and entry into force ofthe fact bears the burden; claims contract modification, rescission, termination, withdrawal of one of the parties to contractual relationship changes caused by the fact that bears the burden of proof.
Dispute arises over whether the performance of the contract, borne by the party isliable to discharge the burden of proof.
Dispute arises over a proxy, by advocating the right of proxy party bears the burden of proof.
Sixth article in cases of labor disputes, dismissal, removal, dismissal, of the employer terminates the labor contract, reduce labor, the calculation of employees ' working life decisions in a labor dispute, the employer should bear the burden of proof.
Seventh in law there is no specific provision under this and other judicial interpretations when it cannot determine the burden of proof borne, the people's Court mayin accordance with the principle of fairness and the principle of good faith, comprehensive factors such as burden of proof the burden of proof borne by the parties.
Eighth in the proceedings, a party to the other party stating the facts of the casemade it clear that recognition of, the other party without proof. However, except incases involving the status.
On the facts as presented by one of the parties, the other party has neither acknowledged nor denied, the trial staff fully and upon request, its still not clear yes or no, as a recognition of that fact.
Party concerned entrusts an agent to participate in the proceedings, admitted as aparty to such agent admitted. Without special agent authorized directly leading to the recognition of each other's claims for recognition of the fact that unless the party scene, but a recognition of its agents not to repudiate it, as recognized by theparties.
In court before the end of the debate the parties withdraw acknowledged and agreed by the other party, or if there is sufficient evidence to prove that acts of recognition are coerced or misunderstanding cases and is inconsistent with the facts, cannot exempt the other party's burden of proof.
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Copyright 2012-2018. ALL RIGHTS RESERVED (International Trade Law)
Telephone：0086-13315171023 QQ:1215545143
Email：tradelawchina@hotmail.com Technical support：ZW0311