ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

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Burden of Proof Danger Clause in Dunkel Text

in Dunkel Text Suman Sahai In the TRIPS chapter of the Dunkel Draft, Article 34 contains the demand to reverse the burden of proof in cases involving process patents. In effect, the accused would be held guilty unless they can prove their innocence. This is standing accepted precepts of legal justice and human rights on their head. Its implementation to prevent farmers from saving seed of the protected varieties will also result in serious law and order problems.

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