Reverse Burden of Proof and the Protection of Trade Secrets in European Pharmaceutical Patent Litigation: Part One

摘要

This piece, the first part of a two-part article, discusses the reverse burden of proof in patent law and trade secret protection in pharmaceutical patent litigation. The first part of the article will focus on a discussion at an international level. After going through a few important principles of international law, and their implications for the research question, the author will move on to discuss the reverse burden of proof as established in art. 34(1) of TRIPS. Thereafter, the author turns his focus to the protection of trade secrets. After some general thoughts on the protection of trade secrets internationally, the author will attempt to develop guidelines and alternatives for how to interpret art. 34(3) of TRIPS, and discuss how the potential tension between patent and trade secret protection could be resolved in the light of said article. The second part of this article will appear in the next issue of E.I.P.R. and will focus on regional development within the EU.