Act 3
Industrial Property Act
2014
(19) For the purposes of civil proceedings in respect of the
infringement of rights of the patent owner, if the subject matter of a
patent is a process for obtaining a product, the court may order the
defendant to prove that the process used to obtain an identical product
is different from the patented process.
(20) Any identical product when produced without the consent
of the patent owner shall, in the absence of proof to the contrary, be
deemed to have been obtained by the patented process in the
following circumstances—
(a) if the product obtained by the patented process is new; or
(b) if there is a substantial likelihood that the identical product
was made by the process and the owner of the patent has
been unable through reasonable efforts to determine the
process actually used.
(21) In the adduction of proof to the contrary, the legitimate
interests of defendants in protecting their manufacturing and business
secrets shall be taken into account by the court, which, among other
measures, shall not facilitate those secrets to the plaintiff.
PART XVIII—MISCELLANEOUS
102. Public notices.
Whenever any matter is required to be published under this Act, it
shall be published in the Gazette, and also as soon as practicable, be
published in a newspaper of wide circulation in the relevant area.
103. Regulations.
(1) The Minister may make regulations prescribing anything
which under this Act is required or authorized to be prescribed, and
generally for the better carrying out of the objects and purposes of this
Act.
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