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December 11, 2020

Legal Issues Seminar on Burden of Proof in IP Cases

A ‘Legal Issues Seminar’ was conducted by Pranay Bali, Senior Associate, on Evidentiary Issues in Selected IP Court-Judgements, with a specific focus on the Burden of Proof in IP Cases. Part of a 10-session module, the seminar touched upon the concept of Burden of Proof under The Indian Evidence Act, 1872 and The Patents Act, 1970, and its applicability in suits for infringement, opposition proceedings and rectification proceedings under the Trade Marks Act, 1999.

The session concluded with interesting questions from the team on applicability of certain principles of the Indian Evidence Act, 1872 to the Affidavits furnished in trademark opposition proceedings, and the burden of proof in suits for infringement of patents, where the defence of a different process (from the patented process) is sought. The presentation can be accessed here.

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