Section 75, The Patents and Industrial Design Act, 2012

(1) For the purposes of civil proceedings, in respect of theviolation of the right of the owner of the patent referred to in section 71, where the subject-matter of the patent is a process for obtaining a product, a burden of establishing that the product was not made by the process shall be on the alleged infringer if either of the following conditions is fulfilled:- (a) the product is 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 reasonable efforts to determine the process actually used. (2) In requiring the production of evidence, the Court before which the proceedings referred to in subsection (1) take place shall take into account the legitimate interests of the alleged infringer in not disclosing his manufacturing and business secrets.