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Article 416: In cases where a party to proceedings, without good cause, denies access to
necessary information, fails to provide such information within a reasonable
period or obstructs proceedings underway to enforce a right, the court may rule
on the basis of the information submitted, including the complaint of the injured
party, provided that the parties are given an opportunity to make their case.
Article 417: In the event that the subject matter of the patent is a process for obtaining a
product, the court may, in civil proceedings concerning the infringement of a
patent holder’s rights, order the respondent to prove that the process used to
obtain an identical product is different from the patented process.
Any identical product manufactured without the patent holder’s consent shall,
unless proved otherwise, be considered as having been obtained via the patented
process in one of the following cases:
- the product obtained via the patented process is new;
- there is a high probability that the identical product was obtained via the
process and the patent holder has not been able to determine which process
was in fact used.
Article 418: During the presentation of proof, the court which is hearing the matter in
accordance with Article 417 shall take into consideration the legitimate interests
of the presumed infringer by not disclosing either his manufacturing secrets or
his trade secrets.
Chapter V: Damages and other corrective measures
Section 1: Damages
Article 419: If damages are granted in accordance with Articles 383 to 401, the court shall
order the infringer to pay the sum to the right holder or his successors in title,
provided that the infringer knew or is supposed to have known of the
infringement.
Article 420: The court may order the infringer to pay damages for an infringement that has
occurred:
- on or after the date on which the application for registration was made known
to the public in the Official Journal of Burundi;
- on or after the date on which the applicant brought the content of his
application to the attention of the presumed infringer;
- on or after the date on which the presumed infringer was informed of the
content of the application.