37
In forcePresumptions as to subsistence and ownership of EL rights
Part IIIRemedies for infringements of El rights
Division 4Proof of facts in actions
37 Presumptions as to subsistence and ownership of EL rights
In an action under section 27:
(a)
EL rights shall be presumed to subsist in the circuit layout to which the action relates if the defendant does not put in issue the question whether those rights subsist in the layout; and
(b)
where EL rights subsist in the layout‑the plaintiff shall be presumed to be the owner of the rights if he or she claims to be the owner of the rights and the defendant does not put in issue the question of ownership.
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