The burden of presentation and proof in trademark trials in Germany and Norway

The core part of the project is the influence of European provisions on the burden of demonstration and proof in trademark infringement trials in Germany and Norway. It can be observed that both German and Norwegian codifications of civil procedure are in creasingly influenced by European provisions. This is especially true for questions related to the burden of proof in trademark infringement trials as these are partly determined by European law. Due to the historically grown similarity of the two civil p rocedure codes and the common challenges existing, a legal comparison could lead to greater insights for both legal systems. An in-depth research should give answer to the following questions: 1. Which rules apply with respect to the burden of demonstrat ion and proof in German and Norwegian law? 2. Whether and if so in how far are the national civil procedure laws of the two countries influenced by European provisions? 3. How do European requirements influence the burden of demonstration and proof in tra demark infringement trials in each country? While these question have already been discussed in Germany in detail, the same cannot be said for Norway. It is therefore likely that in this third area a problem-based approach for the Norwegian law has to be worked out, while insights from the German procedural law can help.