États-Unis d'Amérique
Moyens de faire respecter les DPI
26. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production of evidence necessary to substantiate a party's claims where that party has been unable to obtain such evidence from the opposing party. Please describe how the laws or regulations of Antigua and Barbuda provide this authorization, citing to the relevant provisions of law or regulation.
According to section 34(4) of the Patents Bill: "(4) For the purposes of proceedings, other than criminal proceedings, in respect of the violation of the rights of the owner of the patent referred to in subsections (1) and (2), where the subject-matter of the patent is a process for obtaining a product, the burden of establishing that an identical product was not made by the process shall be on the alleged infringer if: (a) the product was new; or (b) a substantial likelihood exists that the product was made by the process and the owner of the patent has been unable through the reasonable efforts to determine the process actually used." Here the infringer has to present to the Court the evidence to disprove the applicant's case in those specific circumstances. The Court also has the responsibility, when making an order for the production of such evidence, to ensure that the invention remains undisclosed. "(5) In requiring the production of evidence, the Court before which proceedings referred to in subsection 4 take place shall take into account the legitimate interests of the alleged infringer in not disclosing his manufacturing and business secrets."