85. Burden of proof to be on the alleged infringer

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

Where the subject mater of a patent is a process for obtaining a product, the burden of proof in a civil action of establishing that an alleged infringing product was not obtained by that patented process shall be on the alleged infringer—

(a)

if the product obtained by the patented process is new ; or

(b)

if a substantial likelihood exists that the product was made by the patented process and the patent owner has been unable through reasonable efforts to determine the process actually used.

(2)

In the gathering and evaluation of evidence, the legitimate interests of the alleged infringer in protecting his undisclosed information shall be taken into account.

Read on from s 86

Part V

Chapter XIX Marks and Trade Names

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Part VI

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Part VII

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Part VIII

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Part IX

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Part X

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Part XI

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