In cases in which a party to a proceeding voluntarily and without good reason refuses access
to, or otherwise does not provide necessary information within a reasonable period, or
significantly impedes a procedure relating to an enforcement action, the competent tribunal
may make preliminary and final determinations, affirmative or negative, on the basis of the
information presented to it, including the complaint or the allegation presented by the party
adversely affected by the denial of access to information, subject to providing the parties an
opportunity to be heard on the allegations or pertinent evidences.
Article 268: Proof of the process used
For the purposes of civil proceedings in respect of the infringement of rights of the patent
owner as referred to in articles 255 to 262 of this Law, if the subject matter of a patent is a
process for obtaining a product, the competent tribunal may order the defendant to prove that
the process used to obtain an identical product is different from the patented process.
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
either of the following circumstances:
1° the product is new; or
2° 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.
In requiring the production of evidences, the competent tribunal before which the proceedings
referred to in the articles 260 and 261 of this Law take place shall take into account the
legitimate interests of the alleged infringer in not disclosing his or her manufacturing and
business secrets.
Article 269: Provisions on protection of technical measures for copyrights and related
rights
For the purposes of protecting technical measures for copyrights and related rights, it is not
permitted to:
1° circumvent effective technical measures of work protection; or
2° produce, import, distribute, sell, rent, advertise for sale or rental, or possess devices,
products, components or services for commercial purposes that are promoted, advertised
or marketed for the purpose of circumventing effective technical measures of work
protection;
Technical protection measures are “effective” where the use of a work or object of related
right protected under this Law is controlled by the right owner through application of an
access control or protection process, such as encryption, scrambling or other transformation of
the work or other subject matter, or a copy control mechanism, which, in the normal course of
its operation, achieves the protection objective.