Patents Act, 1992
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Evidence of conventions and instruments under conventions. |
129.—(1) Judicial notice and notice by the Controller shall be taken of the following, that is to say— | |
(a) the European Patent Convention, the Treaty and any other convention or any protocol or other agreement to which an order under section 128 applies, | ||
(b) any bulletin, journal or gazette published or issued under the European Patent Convention and the Treaty and the register of European patents kept under the European Patent Convention, and | ||
(c) any decision of, or expression of opinion pursuant to the European Patent Convention by, a competent authority on any question arising under or in connection with that convention. | ||
(2) Any document mentioned in subsection (1) (b) which purports to state the contents or provisions, or part of the contents or provisions, of any instrument made or any act done by any institution of the European Patent Convention or the Treaty shall be admissible under this Act as prima facie evidence of such contents, provisions or part. | ||
(3) Prima facie evidence of any instrument made under the European Patent Convention or the Treaty by any institution referred to in subsection (2), including any judgment or order so made by a competent authority of the European Patent Convention, or of any record or other document in the custody of any such institution, or any part of, entry in or extract from, such a record or other document, may be given in any legal proceedings by the production of a copy certified as a true copy by an officer of that institution; and any document purporting to be such a copy shall be received in evidence without proof of the official position or handwriting of the person signing the certificate or of his authority to do so. | ||
(4) Evidence of any instrument or order referred to in subsection (3) may also be given in any proceedings whether under this Act or otherwise— | ||
(a) by the production of a copy purporting to be officially printed on behalf of the institution by whom it was issued or made, | ||
(b) where the instrument is in the custody of a government department, by the production of a copy certified as being a true copy by an officer of the department duly authorized in that behalf, | ||
and any document purporting to be a copy mentioned in paragraph (b) shall be received in evidence without proof of the official position or handwriting of the person signing the certificate, or of his authority to do so, or of the document's being in the custody of the department. |