知识产权侵权损害赔偿中举证责任倒置,具有归责方法与证据规则的双重功能,实现了民事实体法与民事诉讼法的价值交江,法官为此对举证责任分配作出裁量应予肯定,但当然有所限制。在知识产权侵权损害赔偿中,当事人举证责任的负担,一般根据“谁主张、谁举证”的原则进行分配。但在特殊情况下则可能采取举证责任的倒置,将原来本由一方当事人负担的举证责任以法律规 The reversal of the burden of proof in the infringement of intellectual property infringement has the dual function of imputation method and evidence rule, realizes the value of civil substantive law and civil procedure law, and the judge should give a positive judgment on the distribution of the burden of proof. However, of course Limited. In the compensation of damages for infringement of intellectual property rights, the burden of burden of proof on the part of the parties is generally distributed according to the principle of “who claims and who evidences”. However, in exceptional circumstances, the burden of proof may be reversed, and the original burden of proof originally borne by one of the parties is regulated by law