Act 3 Industrial Property Act 2014 (b) if the person making the request is unable to prove that he or she has previously demanded from the owner a written acknowledgement of the lawfulness of the acts referred to and the owner has refused that demand or has failed to reply within a reasonable time. 95. Threat of infringement proceedings. (1) A person who is threatened with infringement proceedings and who can prove that the acts performed or to be performed by him or her do not constitute infringement of the patent or the registered utility model or an industrial design, may request the court to grant an injunction to prohibit the threat and to award damages for financial loss resulting from the threat. (2) The mere notification of the existence of the patent or the registered utility model or registered industrial design shall not constitute a threat of infringement. 96. Presumption of use of patented process. For the purposes of proceedings, in respect of the infringement of the rights of the owner of the patent, where the subject matter of the patent is a process for obtaining a product, the burden of establishing that an identical product was not made by the patented process shall be on the alleged infringer, if either of the following conditions is fulfilled— (a) the product is new; or (b) a substantial likelihood exists that the identical product was made by the process and the owner of the patent is unable, through reasonable efforts, to determine the process actually used. 97. Powers of court on appeal (1) Where provision is made under this Act for appeal from a decision of the registrar, the appeal shall be made to the court. 77