In cases in which a party to a proceeding voluntarily and without good reason refuses access to, or otherwise does not provide necessary information within a reasonable period, or significantly impedes a procedure relating to an enforcement action, the competent tribunal may make preliminary and final determinations, affirmative or negative, on the basis of the information presented to it, including the complaint or the allegation presented by the party adversely affected by the denial of access to information, subject to providing the parties an opportunity to be heard on the allegations or pertinent evidences. Article 268: Proof of the process used For the purposes of civil proceedings in respect of the infringement of rights of the patent owner as referred to in articles 255 to 262 of this Law, if the subject matter of a patent is a process for obtaining a product, the competent tribunal may order the defendant to prove that the process used to obtain an identical product is different from the patented process. Any identical product when produced without the consent of the patent owner shall, in the absence of proof to the contrary, be deemed to have been obtained by the patented process in either of the following circumstances: 1° the product is new; or 2° there is a substantial likelihood that the identical product was made by the process and the owner of the patent has been unable through reasonable efforts to determine the process actually used. In requiring the production of evidences, the competent tribunal before which the proceedings referred to in the articles 260 and 261 of this Law take place shall take into account the legitimate interests of the alleged infringer in not disclosing his or her manufacturing and business secrets. Article 269: Provisions on protection of technical measures for copyrights and related rights For the purposes of protecting technical measures for copyrights and related rights, it is not permitted to: 1° circumvent effective technical measures of work protection; or 2° produce, import, distribute, sell, rent, advertise for sale or rental, or possess devices, products, components or services for commercial purposes that are promoted, advertised or marketed for the purpose of circumventing effective technical measures of work protection; Technical protection measures are “effective” where the use of a work or object of related right protected under this Law is controlled by the right owner through application of an access control or protection process, such as encryption, scrambling or other transformation of the work or other subject matter, or a copy control mechanism, which, in the normal course of its operation, achieves the protection objective.