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[IP] In an infringement dispute relates to a patent for the manufacture of a new product, who bear the proof burden?

China’s Patent Law provides that where any infringement dispute relates to a patent for invention for a process for the manufacture of a new product, any entity or individual manufacturing the identical product shall furnish proof to show that the process used in the manufacture of its or his product is different from the patented process, that is the manufacturer bears the proof burden.

 

Last updated :2009-1-15
 
 
 
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