(1) A party to a lawsuit filed against infringement of a patent or an exclusive license, who denies a specific type of behavior of an infringement, as claimed by the patentee or exclusive licensee, shall present his or her own specific type of behavior.
(2) Where the party argues that he or she has good reasons for being unable to present his or her own specific type of behavior, notwithstanding paragraph (1), the court may order the party to submit materials that can substantiate such argument: Provided, That this shall not apply where a person in possession of such materials has good reasons for refusing to submit the same.
(3) Article 132 (2) and (3) shall apply mutatis mutandis to an order for submission of materials under paragraph (2). In such cases,"it is necessary to prove the infringement or calculate the amount of losses" in Article 132 (3) shall be deemed"it is necessary to judge whether a person has good reasons for being unable to present a specific type of behavior can be justified".
(4) Where a party fails to present a specific type of behavior without any good reason, the court may deem the specific type of behavior claimed by the patentee or exclusive licensee to be true.[This Article Newly Inserted on Jan. 8, 2019]