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Burden of Proof for Infringement of Patent Rights of Others in Trademark Law
The burden of proof for infringement of the exclusive right to use a trademark shall be borne by the party claiming infringement. Except as otherwise provided by law. According to relevant regulations, the parties should provide evidence for their claims in time. The people's court has the right to investigate and collect evidence from the relevant units and individuals, and the relevant units and individuals may not refuse.

legal ground

Article 65 of the Civil Procedure Law

The parties concerned shall provide evidence of their claims in time.

The people's court shall, according to the litigant's claim and the trial of the case, determine the evidence that the litigant should provide and its time limit. If it is really difficult for the parties to provide evidence within the time limit, they may apply to the people's court for an extension of the time limit, and the people's court shall extend the time limit appropriately according to the application of the parties. If a party fails to provide evidence within the time limit, the people's court shall order it to explain the reasons; If the people's court refuses to explain the reasons or the reasons cannot be established, it may reject the evidence according to different circumstances, or accept the evidence but admonish it and impose a fine.

Article 67

The people's court has the right to investigate and collect evidence from the relevant units and individuals, and the relevant units and individuals may not refuse.

The people's court shall distinguish the authenticity of the documents submitted by the relevant units and individuals, and examine and determine their validity.