The existing Patent and Designs Law No. 44 (1992) does not provide for the principle of the reversal of burden of proof in a process patent litigation. However, the Draft amendment envisages the introduction of this principle in order to conform to Article 34 of the TRIPS Agreement. The new Article provides that in case of litigation concerning process patent, the court shall have the authority to order the defendant to prove that the manufacturing process, which he has used, is different from the patented process protected by a patent.
