How does the court acquire any necessary information (fact or technical) and in what circumstances does it do so?

Intellectual Property

Singapore Small Flag Singapore

Factual evidence is given through affidavit and examination of witnesses on the stand.

a) Is there a technical judge, a judge with technical experience, a court appointed expert, an expert agreed by the parties, and/or parties' expert witness evidence?
The High Court has identified judges who are able to bring their considerable experience and expertise in specialist areas of law to bear on complex cases, and there is an identified list of judges for intellectual property cases.

The court may, on its own motion or on the application of any party, appoint an expert. The court appointed expert will then produce a report, and any party may apply to the court for leave to cross-examine the expert on his report.

Parties may also appoint expert witnesses, and the expert must produce a written report signed by the expert and exhibited in an affidavit affirmed by the expert. The expert will be subject to cross-examination.

b) What mechanisms are available for compelling the obtaining and protecting of evidence? Is disclosure or discovery available?
Litigants can take out applications for specific discovery, discovery against a non-party (Norwich Pharmacal orders), or search orders (Anton Piller Orders).

Generally, evidence disclosed in the course of proceedings is also protected by the common law Riddick principle. Alternatively, the court can order the establishment of a confidentiality club. In patent proceedings, where the allegedly infringing process is a trade secret, a defendant can claim limited discovery.

France Small Flag France

a) Is there a technical judge, a judge with technical experience, a court appointed expert, an expert agreed by the parties, and/or parties’ expert witness evidence?
There is no technical judge in the French judicial system, although IP litigation is handled by specialized courts with exclusive jurisdiction.

Should the technicality of the issue require it, the court can decide to appoint an expert in the concerned field.

Pursuant to IPC articles L. 521-4-1, L.615-5-1-1, L.716-7-1-A, investigation measures can be ordered either, at the request of one party or on the court’s own initiative, resulting in the appointment of an expert (Articles 143 et sequitur and 263 et sequitur – French Civil Proceedings Code (CPC)).

In such a case, the court order will define the scope of the expert assessment and the parties will be required to cooperate with the designated expert.

In addition, each party can also choose to file amicable expert reports drafted at its requests.

b) What mechanisms are available for compelling the obtaining and protecting of evidence? Is disclosure or discovery available?
There is no discovery or disclosure procedure (requiring from a party to disclose information or documents) available under civil procedure rules.

However, judges are vested with investigation powers and can issue injunction requesting the production of evidence in compliance with civil proceedings rules (CPC articles 11 and 138).

In addition, pursuant to the IPC articles L.331-1-2, L. 521-5, L.615-5-2, L.716-7-1, the judge can, at the request of a party, order the production of the documents needed to ascertain the origin and the distribution channels of the infringing products.

Portugal Small Flag Portugal

a) Is there a technical judge, a judge with technical experience, a court appointed expert, an expert agreed by the parties, and/or parties' expert witness evidence?
R: There is no technical judge or a judge with technical experience in the Portuguese IP Jurisdiction, however, the IP Court is considered a specialized Court, once their judges only decide IP cases. Nevertheless, the Court or the parties can appoint an expert or experts for certain complex procedures. Depending on the nature of the IP right, both the Courts and the alternative dispute resolution centres may request technical support of engineers or other technical experts in order to help in the decision.

b) What mechanisms are available for compelling the obtaining and protecting of evidence? Is disclosure or discovery available?
R: The general civil procedure rules are available for compelling the obtaining and protecting of evidence like seizures, interim measures, inspections.

India Small Flag India

a) Is there a technical judge, a judge with technical experience, a court appointed expert, an expert agreed by the parties, and/or parties' expert witness evidence?
In India, district court and High Court benches are not divided on the basis of expertise. Parties may produce their own subject matter experts. Further, courts may call for subject matter witnesses on their own motion.

b) What mechanisms are available for compelling the obtaining and protecting of evidence? Is disclosure or discovery available?
Anton Pillar orders (allowing for search and seizure by plaintiff at the defendant’s premises), are widely used in intellectual property infringement matters. Evidence seized can also be sealed and returned on good faith to the defendant to be produced when the court so demands. Witnesses can also be summoned.

Yes, disclosure and discovery are available.

Greece Small Flag Greece

a) Is there a technical judge, a judge with technical experience, a court appointed expert, an expert agreed by the parties, and/or parties' expert witness evidence?

There are no technical judges or judges with technical experience in Greece. When the court deems that technical expertise is required, primarily in patent litigation, it issues an interim judgment appointing a court expert or allowing the parties to appoint such expert from the list of experts registered with the court. Parties may appoint their own technical experts to review and/or comment the court appointed expert's opinion.

Regardless of that, parties may submit technical expert opinions / testimonies, as part of their evidence in trial.

b) What mechanisms are available for compelling the obtaining and protecting of evidence? Is disclosure or discovery available?

In civil litigation, the rules of the IPR Enforcement Directive 2004/48 have been transposed to the Greek legal order. In parallel, the Greek Code of Civil Procedure includes provision re. the protection of evidence, even as part of an interim relief application.

There are limited rights to disclosure, which, are practically difficult to effectively enforce. The most effective mechanism is the one enshrined in the IPR Enforcement Directive.
In criminal cases, the task of collecting and safeguarding evidence lies with the Public Prosecutor and the investigating authorities. They have wide discretion, but limited resources.

Japan Small Flag Japan

a) Is there a technical judge, a judge with technical experience, a court appointed expert, an expert agreed by the parties, and/or parties' expert witness evidence?
A court may, after hearing opinions of the parties, appoint a “technical adviser” to hear his/her explanation based on expert knowledge. There is no technical judge system.

b) What mechanisms are available for compelling the obtaining and protecting of evidence? Is disclosure or discovery available?
Parties may file with a court a petition for an order to submit a document, by specifying a document(s) and the other information. Also, for intellectual property cases, protective orders are available under the Patent Act, etc. to limit the use and disclosure of the trade secrets that are included in briefs and evidence.

Mexico Small Flag Mexico

a) Is there a technical judge, a judge with technical experience, a court appointed expert, an expert agreed by the parties, and/or parties' expert witness evidence?

There are experts that shall be firstly appointed by each party. Then if the opinion rendered by such experts is contradictory, the judge appoints a third expert to resolve the contradiction.

b) What mechanisms are available for compelling the obtaining and protecting of evidence? Is disclosure or discovery available?

Discovery is not available in Mexico. However, when it comes to confidential information that needs to be submitted in a trial, the court shall implement the required measures to keep its confidentiality.

China Small Flag China

a) Is there a technical judge, a judge with technical experience, a court appointed expert, an expert agreed by the parties, and/or parties' expert witness evidence?
Technical judges are available for IP trials on a non-compulsory basis. Courts may appoint experts for technical fact-finding. It should be noted that party-led expert evidence is not the norm in China (although becoming more regular in complex patent cases).

b) What mechanisms are available for compelling the obtaining and protecting of evidence? Is disclosure or discovery available?
Disclosure/discovery is unavailable in China. Parties have no obligation to voluntarily disclose documents whether positive or negative to the case.

Courts may grant an Evidence Preservation Orders (EPO) against a party to obtain specific evidence. An EPO will be granted if the applicant demonstrates that the evidence is at risk of loss or may be difficult to obtain from the defendant in future. Non-compliance with an EPO may lead to a fine or detention, depending on the seriousness of the breach. The most serious cases may constitute a criminal offence, punishable by up to three years in prison and a fine. Detention is rare in IP cases.

United Kingdom Small Flag United Kingdom

In the courts of England and Wales, judges are appointed from among the most senior advocates in the relevant field. IP claims are therefore usually heard by specialist judges. In the Patents Court, cases are given a technical complexity rating (which is usually agreed between the parties) to ensure the case is allocated to a judge with sufficient technical experience. More complex patent cases tend to be allocated to Arnold J, Birss J or Henry Carr J – experienced patent judges who are also judges in the wider Chancery Division.

In the IPEC, patent cases are heard by intellectual property specialist HHJ Hacon.

Experienced specialist patents (and intellectual property) judges in the Court of Appeal are Kitchin LJ and Floyd LJ, and in the Supreme Court, Lord Neuberger.

In the early stages of a case, the Court will hold a Case Management Conference, which will set the structure of the proceedings leading to trial, including the types of evidence that can be brought into the case.

The parties rely on the (written) evidence of expert witnesses in respect of the technical points in dispute. An expert witness may be, for instance, an engineer with experience in the technical matter of a patent. It is often said that a case can turn on the expert evidence, as judges place considerable weight on the opinions of experts. Pursuant to the CPR, the duty of the experts is to impartially advise the Court, even when they are instructed by only one party to the litigation (which is usual). At the trial, cross-examination is employed to test the evidence and to assist the judge in reaching conclusions on the technical and factual matters in dispute. In patent cases, the judge may occasionally order a technical teach-in from an expert in the relevant field to be provided, or for the parties to prepare an agreed 'primer' on the (undisputed) background technology.

Fact evidence may also be employed, to establish facts in dispute. For instance, this may be evidence from a consumer who has been confused by the similarity of two trade marks, or from an individual on the making (or not) of an offer for sale. Again, evidence in chief is given in writing and at the trial it may be scrutinised by cross examination.

A party may also seek to adduce evidence in other forms, for instance, experimental evidence to demonstrate a component of a product falls within the scope of a patent, photographs or models, or survey evidence demonstrating confusion in trade mark cases (though surveys can be of limited persuasive value).

At the Case Management Conference, the Court will also consider whether any disclosure is required. There is no longer a prima facie rule that standard disclosure be given. In patent cases, a product and process description is typically provided by the alleged infringer in place of disclosure of the allegedly infringing product and process. Absent a "smoking gun" or a more sophisticated type of argument (such as the patentee relying upon commercial success or the reaction of others to the invention), the Court will be disinclined to order further disclosure.

Search and seizure orders and orders for the provision of information may be available where considered appropriate by the court.

South Africa Small Flag South Africa

Patents and Designs

The judge is an ordinary High Court judge appointed to sit as the Commissioner of Patents. He/she is not necessarily a technical judge nor does he/she necessarily have technical experience. Each party appoints their own expert witness(es) and bears the onus of proving that their expert is suitably qualified. The same principles apply to registered designs. As mentioned above, discovery is available. The possibility exists for the filing of one or more interlocutory applications relating to further and better discovery, compelling discovery, or inspection. Furthermore, it is also possible to obtain an Anton Piller order to search premises and seize evidence without prior warning to a counter-party.

Plant Breeders’ Rights

The judge is not necessarily a technical judge nor does he/she necessarily have technical experience. Each party appoints their own expert witness(es) and bears the onus of proving that their expert is suitably qualified. There are no court appointed experts. As mentioned above, discovery is available. The possibility exists for the filing of one or more interlocutory applications relating to further and better discovery, compelling discovery, or inspection. Furthermore, it is also possible to obtain an Anton Piller order to search premises and seize evidence without prior warning to a counter-party.

Trade Marks and Copyright

There is no specialised court or technical judge that is appointed. If the civil proceedings are filed by way of application procedure, information is adduced by affidavits and supporting documentation. It is possible to file affidavits from experts.

If there is a dispute of fact and civil proceedings are filed by way of action procedure, witnesses testify and provide information under oath to the Court. It is possible to furnish oral evidence from an expert witness.

Discovery of evidence is possible. Furthermore, it is also possible to obtain an Anton Piller order to search premises and seize evidence without prior warning to a counter-party.

UAE Small Flag UAE

The Court relies on the parties to proceedings to put further the necessary information and supporting materials in their respective pleadings. As outlined in 19.1 above, where the judge believes it is necessary to do so, it is possible for a Court expert to be appointed. The Court expert is not always an expert in IP matters. The expert's report is not binding on the judge.

a) Since 2015 the UAE has trained up a number of judges and other members of the judiciary in IP matters. This has involved IP specific qualifications and spending time training with overseas experts. Whilst there is no specialist IP Federal court, these judges are part of an IP Court Circuit in the Federal Courts. The emirate specific courts, such as Dubai, do not yet have similar IP Court Circuits. Rights holders are already seeing the benefit of this circuit with cases progressing more quickly and an increased awareness of and experience in dealing with complex IP issues.

b) There have been a small number of cases where the Court of Urgent matters has provided orders relating to the preservation of evidence in IP matters. There is no discovery process. A party will submit into evidence the documents it wishes to rely on. Documents issued from overseas will need to be notarised and legalised in order to be given any evidential weight by the Court.

Philippines Small Flag Philippines

a) Is there a technical judge, a judge with technical experience, a court appointed expert, an expert agreed by the parties, and/or parties' expert witness evidence?
The assignment of judges to Special Commercial Courts is not based on technical expertise, particularly with regard to intellectual property rights. Hence, specifically for patent litigation (including infringement cases involving utility models and industrial designs), the Rules of Procedure for Intellectual Property Cases allows the court, ex mero motu or upon motion by a party, to create a committee of three (3) experts to provide advice on the technical aspects of the patent in dispute. Each party is allowed to nominate an expert; the said nominees, in turn, must nominate a list of experts from whom the court may appoint the third expert.

The court may also request the IPO to provide equipment, technical facilities, and personnel when trial involves highly-technical evidence or matters.

b) What mechanisms are available for compelling the obtaining and protecting of evidence? Is disclosure or discovery available?
Discovery is expressly made available by the Rules of Procedure for Intellectual Property Cases. Applying the Rules of Court, such modes include depositions (pending action, pending appeal, and for perpetuation), written interrogatories, and request for documents and admissions. The Rules of Procedure for Intellectual Property Cases also expressly mention the deposition of witnesses located abroad.

The IP Code also provides for certain legal presumptions, which courts are bound to uphold in the absence of countervailing evidence. These presumptions are reproduced by reference or explicitly in the Rules of Procedure for Intellectual Property Cases. These include the presumption of infringement of a process patent if a new product is identical to that produced by the patented process, the presumption that patents issued by the IPO are valid, among others.

United States Small Flag United States

a) Is there a technical judge, a judge with technical experience, a court appointed expert, an expert agreed by the parties, and/or parties' expert witness evidence?
Federal judges generally do not have scientific or technical backgrounds. However, the judges can become knowledgeable about different technologies despite lacking specific expertise.

With respect to patent trials, each party can provide an expert witness who can draft an expert report providing a technical explanation of the product as well as an interpretation of how a person skilled with that technology would interpret a patent at issue. Also, the judge can appoint a mutually-agreed-upon special master or technical advisor who can review the technical interpretations offered by each party and provide an opinion to the judge as to the merit of the different positions.

b) What mechanisms are available for compelling the obtaining and protecting of evidence? Is disclosure or discovery available?
Discovery is available as the mechanism through which parties share information about the dispute. The parties are obligated to provide certain information to each other without direction to do so by discovery requests. In addition, each party can specifically request relevant information from the opposing party. In response, the opposing party should provide the requested information. But, if they are not cooperative, a motion for an order compelling disclosure can be filed and the court can direct the opposing party to provide the requested information if the court determines that the information is discoverable. The parties usually apply for a protective order that limits the dissemination of particularly sensitive information.

Germany Small Flag Germany

a) Is there a technical judge, a judge with technical experience, a court appointed expert, an expert agreed by the parties, and/or parties' expert witness evidence?
Courts may appoint experts for technical fact-finding.

b) What mechanisms are available for compelling the obtaining and protecting of evidence? Is disclosure or discovery available?
The claimant is required to substantiate the claims and, where disputed, provide or offer evidence. The court then decides on which evidence is required. Where evidence is confidential, there are certain ways to limit disclosure to a limited amount of people only and/or exclude the public from parts of the oral hearing.

Switzerland Small Flag Switzerland

a) Is there a technical judge, a judge with technical experience, a court appointed expert, an expert agreed by the parties, and/or parties' expert witness evidence?

b) What mechanisms are available for compelling the obtaining and protecting of evidence? Is disclosure or discovery available?

It is up to the claimant and defendant to file any factual and technical information and evidence they wish to be included in the court's evaluation of the case. The parties may either request the court to summon an expert for an expert's statement or (written) expertise or the court may decide to appoint an expert if the court's evaluation of the information and evidence provided by the parties require it. In proceedings before the Federal Patent Court there is at least one judge with a technical background. Most cases before the Federal Patent Court can therefore be handled without having to appoint additional technical experts. For cases that are unusually complex or related to a very specific field of technology, the court may summon an additional expert.

With respect to obtaining and securing evidence, it is important to know that under Swiss law there is no pre-trial discovery and evidence may be taken by a judge pre-trial in limited situations only, for example, if evidence is likely to be destroyed. In an ongoing court case, a party may request the court to order the other party or any third parties in possession of evidence to submit it to the court. In order to prevent "fishing expeditions", the requested evidence must be described in sufficient detail and it must be shown that the evidence is material for the outcome of the dispute. Also, the party subject to the burden of proof must show that the requested evidence is not already in its possession and that there is no reasonable other way for it to obtain that evidence.

Ukraine Small Flag Ukraine

a) Is there a technical judge, a judge with technical experience, a court appointed expert, an expert agreed by the parties, and/or parties' expert witness evidence?

There are no technical judges or judges with technical experience. The court appoints judicial experts that provide their opinions on matters of technical and other specific nature.

b) What mechanisms are available for compelling the obtaining and protecting of evidence? Is disclosure or discovery available?

The plaintiff is entitled to request preliminary injunctions before commencement of the court proceedings, if there is a risk that the evidence may not be preserved or may be hidden. In the court proceedings, the parties are entitled to provide evidence in support of their claims or defense statements. Additionally, the court may request evidence from any person or authority as well as appoint discovery of evidence in or out of the court.

Turkey Small Flag Turkey

a) Is there a technical judge, a judge with technical experience, a court appointed expert, an expert agreed by the parties, and/or parties' expert witness evidence?

Courts of intellectual and industrial rights are specialized courts in that the judges assigned in those courts are educated and specialized on intellectual and industrial rights. The court shall be comprised of a single judge with the aforementioned qualifications. In the event that the parties make any such request or the court deems necessary and the judge deems fit, experts on intellectual and industrial rights may be assigned to conduct an expert review. In that case, the expert shall be assigned by the court, not by the parties. Still, the parties may consult and receive the opinions of an expert about the particulars of the case and any such opinion shall be considered by the judge as a discretionary proof just like the expert report.

b) What mechanisms are available for compelling the obtaining and protecting of evidence? Is disclosure or discovery available?

The dominant principle of the Civil Procedure Code (“CPC”) is that anything related to the litigation should be brought to the attention of the judge by the parties and according to article 25 of CPC, the judge shall not consider the occurrences and events that are not mentioned by the parties ex officio and remind the parties of those points. Apart from the circumstances specified in the law, the judge cannot collect evidence of his/her own accord. CPC does not provide for any evidence discovery and disclosure mechanism similar to the Anglo-American law systems.

Also, the judge may ask the parties to submit evidence based on the duty of illuminating the particulars of the case. If any of the parties intends to submit any information and documentation maintained by the opponent party as evidence, such information and documentation may be submitted only in case of existence of some conditions indicated in the law and upon the relevant court order. Yet, even in such cases, the party keeping the relevant information and documentation may have lost it or may avoid submitting it even if not lost. In such cases, the relevant party shall be asked to take oath under the principle of honesty and integrity that it carefully looked for but could not find the documentation or information and that shall be the sole remedy in that respect.

Before filing an action for damages owing to infringement of the industrial property rights, the owner of the right may request the court to issue an order for submission of the documents related to the use of industrial property rights by the respondent party so as to ensure determination of the evidence or the amount of the damages incurred under the action for damages.

Sweden Small Flag Sweden

(a) Is there a technical judge, a judge with technical experience, a court appointed expert, an expert agreed by the parties, and/or parties' expert witness evidence?
Patent cases tried at first instance by the Patent and Market Court are normally decided by a panel of two legally qualified judges and two technical judges. The technical judges are specialist judges who are required to have technical or other relevant education as well as experience of the current intellectual property. Before the Court of Appeal, patent cases are normally heard and decided by three legally qualified judges and two technical judges. Patent cases before the Supreme Court are decided solely by legally qualified judges. Other IP cases are tried in first instance by one or three judges in the Patent and Market Court.

Experts are permitted under Swedish law and can be appointed both by the court and by the parties. In practice, court-appointed experts are rarely used whereas party appointed experts are very common in patent litigation and fairly common in other IP cases. An expert must provide a written expert opinion before trial stating the reasoning and circumstances on which his opinion is founded.

(b) What mechanisms are available for compelling the obtaining and protecting of evidence? Is disclosure or discovery available?
Under the Code of Judicial Procedure, a party can obtain a court order for the production of specific documents or other items of property that have relevance as evidence. Witness examination is allowed to identify documents and property that can be relevant.

In addition, the regulations regarding intellectual properties described under section A (except for the right to inventions of employees and the Marketing Act) enables a proprietor to request the Patent and Market Court to issue an order for a search of the infringer's premises to secure for evidence of infringement. The court can also issue a specific order for information against the infringer or third parties that have been involved in the infringement or have handled infringing goods.

Spain Small Flag Spain

Any necessary information (fact or technical) should be provided and/or requested to the court by the parties.

In principle, the means of proof that may be used in trial are: 1. Parties cross-examination; 2. Public documents, 3 Private documents; 4. Expert opinions; 5. Judicial recognition; 6. Witnesses cross-examination.

Is there a technical judge, a judge with technical experience, a court appointed expert, an expert agreed by the parties, and/or parties' expert witness evidence?
Under Spanish law, there are no technical judges.

Where scientific, artistic, technical or practical knowledge is required to assess relevant facts or circumstances in the matter or to obtain certainty about them, the parties may submit the opinion of experts.

The experts' opinions drawn up by experts appointed by the parties shall be filed, in principle, together with the writ of claim (claimant) or the response to the claim (defendant).

The parties shall state whether they wish the expert to attend the trial hearing, stating whether the expert should state or explain the opinion issued or respond to questions, objections or proposals for rectification or intervene in any other useful way for the better understanding and assessment of the opinion.

The claimant or the defendant, may also request in their respective initial briefs that a judicial expert is appointed by the court.

In such case, the court will proceed to the designation and the cost of the expert opinion shall be at the expense of the party requesting it.

If both parties request the appointment of an expert by the court and are also in agreement that the opinion is issued by a particular expert, the court will designate such expert.

The expert appointed by the court shall issue his opinion in writing. This opinion shall be transferred to the parties.

The parties shall state whether they consider it necessary for the expert to attend the trial hearing in order to provide clarifications or explanations about the opinion.

In addition, the court may, in any case, decide that it considers necessary the presence of the expert appointed by the court in the trial hearing in order to better understand and value the expert´s opinion.

What mechanisms are available for compelling the obtaining and protecting of evidence? Is disclosure or discovery available?
Disclosure:
Prior to commencing civil court proceedings for the infringement of an IP right, and in preparation of such civil court proceedings, the IP right owner may initiate separate judicial proceedings in order to request:

  • data on the possible offender, the origin and distribution networks of works, goods or services that infringe an IP right.
  • the display of bank, financial, commercial or customs documents produced in a certain time and presumed to be in the power of who would be sued as responsible of the IP infringement.
  • data to identify the ISP on which there are reasonable indications that it is putting at the disposal or disseminating works or services allegedly infringing an IP right, considering the existence of an appreciable level of audience in Spain of said ISP or an appreciable volume of unauthorized protected works and services made available or broadcast.
  • data from an ISP necessary to carry out the identification of a user of its services, on which there are reasonable indications that the user is making available or disseminating directly or indirectly, contents, works or services allegedly infringing with commercial aim.
  • This disclosure might involve the examination of the alleged infringer and of any third party with a knowledge of the case.

Any of those requests must be accompanied and justified by sufficient evidence of the likelihood of infringement (i.e., samples of the relevant goods).

The information obtained by means of the procedures referred above shall be used exclusively in the course of the following civil court proceedings for the infringement of the corresponding IP rights of the applicant for the measures, with a prohibition to disclose it or communicate it to third parties.

Discovery:
The person entitled to exercise the actions deriving from the IP right may request the judge to order, as a matter of urgency, the practice of measures for the verification of facts that may constitute an infringement of the exclusive IP right.

Before deciding on the request made, the court may request the reports and order the investigations that he deems appropriate.

The practice of the requested measures may only be agreed when, given the circumstances of the case, the infringement is presumed but it is not possible to verify without recourse to the requested measures.

If the court grants the practice of the requested measures, the petitioner would have to pay the amount fixed as bond by the court to respond to any damages that may be caused to the other party.

If the court does not consider the claim well founded, it will deny it by means of an order that will be appealable in both effects.

For patent pre-litigation discovery (filed by patentee in order to learn facts or data that are critical to sustain the complaint in a later stage), it is expressly foreseen that investigated party ("future defendant" in the deriving patent litigation) will not be notified of the pendency of such proceedings in order not to frustrate its outcome.

Anticipation:
Prior to the commencement of any proceedings, any party intending to initiate proceedings, or any of the parties during the course of the proceedings, may request from the court the advance practice of any act of evidence, when there is a well-founded fear that, because of persons or because of the state of things, the appraisal of such evidence could not be carried out at the procedural moment usually envisaged.

The documents and other evidence obtained, as well as the materials that can faithfully reflect the evidentiary actions performed and its results, shall be under the custody of the court until the claim is filed.

The writ of claim should be filed within the two months following the obtaining of the anticipated evidence.

Assurance:
In cases of infringement of intellectual property rights, once the applicant has presented the evidence of the infringement reasonably available, measures of assurance may consist, in particular, in the detailed description of the litigious goods, as well as the seizure of the litigious goods, the materials and instruments used in the production or distribution of these goods and any related documents.

The writ of claim should be filed within twenty days following the measures adopted to assure the evidence.

Updated: July 12, 2017