試題詳解

5 According to Article 34 of the Agreement on Trade-Related Aspects of Intellectual Property Rights, which of the following statements about “proof burden of process patents” is incorrect?
(A) For the purposes of civil proceedings with respect to the infringement of the rights of the owner, if the subject matter of a patent is a process for obtaining a product, the judicial authorities shall have the authority to order the plaintiff to prove that the process to obtain an identical product is different from the patented process.
(B) 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 if the product so obtained is new.
(C) 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 if 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.
(D) In the adduction of proof to the contrary, the legitimate interests of defendants in protecting their manufacturing and business secrets shall be considered.