Hong Kong, China
Estados Unidos de América
Observancia de los derechos de propiedad intelectual
Procedimientos y recursos civiles y administrativos
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 is no absolute obligation for a right owner to appear in court and testify to demonstrate the existence of a particular form of intellectual property or of its ownership. Other evidence, including documents, affidavits, the testimony of other parties etc., can often be substituted for personal appearances by the right owner. US law does contain some "proof facilitation provisions". Copyrights: See 17 U.S.C. § 410 under which a copyright certificate of registration made before or within five years after first publication constitutes prima facie evidence of the validity of the copyright and of the facts stated in the certificate, including the name of the copyright claimant. Trademarks: See 15 U.S.C. § 1057(b) under which a trademark certificate of registration on the principal register serves as prima facie evidence of validity of the registered mark and of the registrant’s ownership of the mark. Patents: See 35 U.S.C. § 282 under which patents are presumed to be valid. Integrated Circuit Layout-Designs: See 17 U.S.C. § 908(f) under which the certificate of registration of a mask work constitutes prima facie evidence of the facts stated in the certificate, including the name of the claimant. Trade Secrets: There is no presumption in relation to trade secrets since the existence of a trade secret is a matter of proof.