Practical Guide to Allocation of Burden of Proof and Evidence Rules in Intellectual Property Infringement Litigation
## Basic Principles of Burden of Proof Allocation
In intellectual property infringement litigation, the burden of proof generally follows the principle of "he who asserts must prove," requiring the rights holder to demonstrate their ownership of the right, the defendant's infringing act, and the resulting damages. However, under specific circumstances, the law may appropriately shift the burden of proof. For example, in patent infringement cases involving a new product manufacturing method, the defendant must bear the burden of proving that their product manufacturing method differs from the patented method. This allocation aims to balance the litigation capabilities of both parties and improve trial efficiency.
## Preliminary Evidence and Evidence Collection by the Rights Holder
The right holder should prioritize collecting rights certification documents (such as patent certificates, trademark registration certificates), infringement evidence (such as sales records, webpage screenshots), and loss evidence (such as contracts, financial statements). In practice, notarized evidence collection and electronic data fixation are common methods. If evidence may be lost or difficult to obtain, the court may be requested to take evidence preservation measures, such as sealing infringing items or retrieving platform data. It should be noted that the completeness and authenticity of the evidence chain are key to court recognition. 
## Defendant's Counter-Evidence and Defense Strategies
The defendant may present counter-evidence around "non-infringement" or "legal source," such as proving that the technology belongs to prior art, the trademark was used earlier, or the product comes from an authorized channel. In response to infringement allegations, the defendant should prepare evidence including technical comparison analysis reports and sales ledgers, and pay attention to refuting the reasonableness of the right holder's method of calculating losses. At the same time, the defendant may request the court to order the right holder to provide detailed evidence of profits from the infringement, in order to counterbalance the evidentiary advantage.
## Practical Points of Evidence Rules
When reviewing evidence, the court pays special attention to the integrity of electronic data and the compliance of notarization procedures. Evidence from abroad must undergo notarization and authentication procedures. Additionally, expert assistant opinions and judicial appraisal reports play a significant role in technical cases. The right holder should plan an evidence strategy in advance to avoid the risk of losing the case due to failure to provide evidence. In practice, it is recommended to engage professional lawyers to maximize the advantages of evidence rules.