Bahrain, Kingdom of
Patents (including Plant Variety Protection)
5. Does your legislation provide for the principle of the reversal of burden of proof in a process patent litigation? Please cite the relevant provisions of Law.
Article 12 of the draft Law on Patents and Utility Models provides for the reversal of the burden of proof. Article 12 provides: "With due regards to the defendant's right to protect his industrial and commercial secrets, the civil court may, in a claim relating to the exploitation of a patented industrial process used without the consent of its owner, order the defendant to prove that the process used to obtain an identical product is different from the patented process. This is provided that the plaintiff has been unable to identify the process actually used despite reasonable efforts; and provided the court believes it is likely that the identical product was made using the protected process."