Hong Kong, China
Canada
IP Enforcement
2. In civil proceedings, are there any proof facilitation provisions which could create legal presumptions of intellectual property subsistence and ownership and thus could excuse the right owner from appearing in court and to testify these issues? If not, why?
There are several provisions, such as Section 55.1 of the Patent Act and subsection 53 (2) of the Copyright Act, which provide rebuttable presumptions only. They would not have the effect of excusing the right owner from appearing in court.