European Union
United Arab Emirates
Patents (including Plant Variety Protection)
38. Please explain how your legislation provides for the reversal of the burden of proof in relation to process patents.
The 1992 Patent Law does not provide for the reversal of the burden of proof in relation to process patents (Articles 58-61 concerning preventive measures, offences and penalty). However, the amendment to this articles will state that in case of litigation concerning the patent related to a process, the court shall have the authority to order the defendant to prove that the process which he has used is different from the patented process protected by a patent.