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

Intellectual Property (2nd edition)

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 articles L. 521-4-1, L.615-5-1-1, L.716-7-1-A of the IPC, 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 – of the 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 (Article 11 and 138 of the CPC).

In addition, pursuant to the Article L.331-1-2, L. 521-5, L.615-5-2, L.716-7-1 of the IPC, the judge can, at the request of a party, order the production of the documents needed to ascertain the origin of the infringing goods, the distribution channels and the amount of infringing manufactured and/or commercialized.

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?
As a general rule, there are no technical judges and it is up to the parties to evidence any factual or technical information by filing physical records and written statements, requesting testimony, inspection, file expert opinions and request expert to be appointed by Court. If a witness has special expertise, the Court may ask him/her/it questions about his/her/its assessment of the facts of the case. The Court may also request ex officio the opinion from one or more experts.

The Federal Patent Court is composed of judges with legal training and judges with technical training. In general, the Court makes its decisions as a three-member body, of whom at least one member must possess technical training.

b) What mechanisms are available for compelling the obtaining and protecting of evidence? Is disclosure or discovery available?
There is no pre-trial discovery under Swiss proceedings rules. Precautionary taking of evidence is only ordered by the Court in limited cases. The Parties have the obligation to cooperate in the taking of evidence, for instance to produce the physical records requested by the opposing party if ordered by the Court.

Poland Small Flag Poland

Facts are mostly gathered from evidence submitted by the parties, such as documents or witnesses. When resolving the case requires expertise from a specific field of knowledge, the court may appoint an expert.

In particular –

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?
Intellectual property right infringement disputes are heard by civil judges with no technical experience. The court may appoint experts, who prepare opinions concerning technical matters. The parties may present opinions prepared by their experts, but these are not considered as evidence, but arguments of the parties.

b) What mechanisms are available for compelling the obtaining and protecting of evidence? Is disclosure or discovery available?
Polish law does not recognise a specific pre-trial discovery phase, but each party may request the court to demand specific information or documents from the opponent or a third party. In intellectual property infringement disputes, the claimant may also file a motion to the court to preserve evidence (by ordering a seizure of goods, for example) as a temporary measure, even before a claim is filed.

Italy Small Flag Italy

Under Italian Law the evidence and information must be provided by the parties involved in the proceedings and the court should freely assess them (see also answer to question n.25).

With this regard the interested party, in order to collect evidence before trial, may ask to the Court for the search order (descrizione). The search order can be asked for as an interim measure, before the opening of the ordinary proceedings, or during the ordinary proceedings of infringement. The disclosure/discovery is enforced with a clerk of the court and a court's expert appointed by the judge. The disclosure/discovery order shall be confirmed by the judge in following a hearing with all the parties involved.

Moreover, during the proceedings, the IP owner is also entitled to request the infringer to disclose any information on the origin and distribution networks of the infringing goods or services advertised/marketed/sold ("right of information"). Such information might include the names and addresses of the producers, manufacturers, distributors, suppliers and other previous holders of the goods or services, as well as the intended wholesalers and retailers, and information on the quantities produced, manufactured, delivered, received or ordered, in addition to the price obtained for the goods or services thereof.

Additionally, further information in the form of a technical opinion may be provided for during the proceedings by experts in IP related matters. Particularly, experts in IP related matters can be involved in the court proceeding both as consultant of the parties concerned or as neutral counsellors who are appointed by the Tribunal to provide an informed opinion on the case subject as a neutral third party whenever the case at hand is technically complex.

Cyprus Small Flag Cyprus

Evidence can be given through affidavits and examination of witnesses on the stand.

There is no technical judge or a judge with technical experience. Parties can appoint expert witnesses, who can make a written report which is exhibited in an affidavit affirmed by the expert. The expert is subject to cross-examination.

Applications can be made before the Court for disclosure, disclosure of confidential information, disclosure against a non-party (Norwich Pharmacal orders), or search orders (Anton Piller Orders).

Israel Small Flag Israel

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; The court may appoint an expert or an expert agreed by the parties. In addition, Section 189 of the Israeli Patents Law permits the court to appoint a scientific adviser:

189.—(a) In proceedings under this Law, the Court may appoint a scientific adviser, who shall assist it in taking evidence and shall advise it, but who shall not take part in making judgment.

(b) The scientific adviser’s remuneration shall be set by the Court and paid out of the State Treasury.

b) What mechanisms are available for compelling the obtaining and protecting of evidence? Is disclosure or discovery available?
Each party in a proceeding may file a petition requesting the court to grant an order for discovery directed to any of the other parties. The court may order the responding party to produce, in the form of an affidavit, a list of all documents in its possession that are relevant to the subject matter of the proceeding. This petition to the court may not be filed unless the petitioner has first requested the other party to provide a list of the documents. In a similar manner, the court may order a party to state whether a specific document is or has been in its possession. The court may also order a party, subject to provisions of confidentiality and relevance, to let the other party inspect and copy the listed documents. With respect to unlisted documents, a party may file a petition to the court for inspection and copying of a specific document held by another party that has not been specified in any pleading or affidavit.

Chile Small Flag Chile

All evidence documents must be provided by the parties for the Court to considered during the period designated for such purpose.
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?

  • Industrial Property:
    Regarding oppositions and nullities, in the first instance the Patent and Trademark Office, which corresponds to a technical judge, carries out the resolution. However, even though the Industrial Property Court is exclusively dedicated to industrial property matters, the second instance is composed entirely by lawyers, resulting in the request of specialist reports by the parties – or automatically by the court.

    In the case of civil and criminal courts, there are no judges specialized in industrial property, so the parties usually request - or automatically by the court - specialist reports.

  • Copyright:
    Whether in civil or criminal courts, there are no judges specialized in the field of copyright. In general, reports by specialists are usually requested by the parties - or automatically by the court.

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

  • Industrial Property:
    Regarding oppositions and nullities initiated before INAPI, the testimonial evidence is excluded. As a result, the main evidence is of a documentary nature, including specialist reports.

    The evidence is analyzed according to the rules of reasoned judgement, which is based on the principles of logic, the maxims of experience and scientifically established knowledge.

  • Civil or Criminal Trial on Intellectual Property:
    In addition to documentary evidence, testimonial evidence is also accepted. According to the Chilean law, it is incumbent upon proving the obligations or their extinction to which they claim or this, in this way, there is no mechanism such as "disclosure" or "discovery" similar to one present in the United States, in the sense of being able to obligate third parties to provide a certain evidence. However, the court may be requested to order precautionary measures, such as the immediate suspension of the allegedly infringing form of exploitation, the prohibition of holding events and contracts on specific property, the retention of allegedly unlawful copies or the appointment of one or more auditors, among others.

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?
The judges who serve in the two specialised EU trademark and patent courts, which are based in Athens and Thessaloniki, have received special training in IP matters before their appointment to the bench. However, they have only legal and not technical background, which means that they do not have sufficient expertise to deal with complex technical issues. This is the reason why opinions of technical experts are of paramount importance in the assessment of the facts as well as in the outcome of the case.

b) What mechanisms are available for compelling the obtaining and protecting of evidence? Is disclosure or discovery available?
Directive 2004/48 on the enforcement of IP rights has been transposed into Greek law. Said provisions assist in obtaining and preserving evidence either during summary or ordinary proceedings. Theoretically, provisional measures to preserve evidence may be taken without the other party having been notified/heard. However, as a rule, Greek Courts do not order such measures ex parte.

The Court may request and order that the defendant produces evidence held in his possession and that he communicates banking and financial documents. In issuing such order, courts take into account the need to preserve legitimate trade secrets of the defendant as well as the principle of proportionality.

In the context of criminal cases, the Public Prosecutor and the investigating authorities are responsible for collecting and preserving evidence.

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 and deputy judges draw from a pool of senior advocates and legal experts.

Experienced specialist patents (and intellectual property) judges in the Court of Appeal are Kitchin LJ and Floyd LJ. In the Supreme Court, several of the justices have experience in intellectual property disputes.

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.

In patent cases, occasionally a technical teach-in for the judge, from an expert in the relevant field, will be ordered. More commonly, the parties are ordered to prepare an agreed 'primer' on the (undisputed) background technology. Almost always, 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 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.

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 use).

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, 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 give standard disclosure (or any disclosure) in a straightforward obviousness dispute.

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

Pakistan Small Flag Pakistan

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 any suit for infringement or in any proceedings before the Tribunal, it may at any time, and whether or not an application has been made by any party for the purpose, appoint an independent adviser to assist the Tribunal or to inquire and report upon any such question of fact or of opinion, not involving a question of interpretation of law, as it may formulate for the purpose.

b) What mechanisms are available for compelling the obtaining and protecting of evidence? Is disclosure or discovery available?
The Tribunal can order relevant documents or materials to be provided to an adversary.

Ecuador Small Flag Ecuador

The Court acquires that information through the right holder that initiation the legal actions against the infringement of his intellectual rights. That information/evidence is presented to the Court during hearings.

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?
Non-technical judge exists in Ecuador and none have technical knowledge. Courts do not appoint experts because they are presented to the court by the parties. The same happens with the expert witness.

b) What mechanisms are available for compelling the obtaining and protecting of evidence? Is disclosure or discovery available?
All evidence is incorporated into the trial by the parties during the hearing. That evidence in under the custody of the judge, for protection.

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 Courts do not designate special technical judges to resolve patent disputes. However, judges have a number of ways to learn about the technology at issue. During a patent infringement case, the court can appoint a neutral expert or technical adviser during a claim interpretation portion of the case, called a Markman hearing. The identity of the neutral expert will be agreed upon by the parties. The expert may be deposed, called to testify, or submit to cross-examination by any party. Technical advisors, on the other hand, may not contribute evidence to the record but instead provide explanation and analysis of the technology involved that the judge uses to understand claim terms and interpret the scope of the claims. Apart from the judicially-selected expert, each side can hire an expert and submit testimony from the expert in the form of written reports and verbal testimony that can be used as fact to support a legal assertion. Each side can also create a technology tutorial that explains the technology to the judge.

b) What mechanisms are available for compelling the obtaining and protecting of evidence? Is disclosure or discovery available?
Generally speaking, evidence can be gathered through a discovery process during which time a party can request information from an opposing party. The scope of discovery is limited to information that is relevant to a claim or defence of a party to the litigation and proportional to the needs of the case. The opposing party can respond with the requested information or object to the request based on one or more exclusionary rules, such as the attorney-client privilege or a lack of relevance. If the opposing party objects to a request for information and the requesting party disagrees with the objection, a motion to compel can be filed to seek the court’s help to resolve the dispute and possibly use the court’s power to direct the opposing party to produce the requested information.

Malaysia Small Flag Malaysia

While there is a Court in Kuala Lumpur to hear Intellectual Property matters, there may not be any special technical training provided to the Judge. Experts may be appointed by the Court or parties. As Malaysia adopts the adversarial system, it is the burden of both parties to present all the facts they intend to rely on.

The Malaysian Court system provides for discovery applications to be made.

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.

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?
Judicial research officials, full-time court staff members consisting of former JPO trial examiners and patent attorneys, etc. and/or technical advisors, part-time national public officers designated by the court in each case, are engaged in technology-based IP-related litigation.

b) What mechanisms are available for compelling the obtaining and protecting of evidence? Is disclosure or discovery available?
Discovery is not available in Japan. However, courts may, upon a motion from a party, order the other party to produce documents that are required to prove the infringing act or to calculate the damage, unless there are reasonable grounds for the person possessing the documents to refuse production of such documents. If the other party does not comply with the order, the court may recognize that the party’s allegations are true.

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.

24. 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.

24. 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.

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.

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.

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 in question 1 (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.

Latvia Small Flag Latvia

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?

Patents - There are neither technical judge nor judges with technical experience. The court may appoint an expert, with or without agreement by the parties. The parties may represent an expert conclusion as evidence.

In case of trade marks/trade names/copyright - no technical expertise is made.

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

Patents - The disclosure is available in a very limited form; the court may request a party to provide certain information if this information is relevant to the case.

Trade marks:

According to the Civil Procedure Law, if a person has a reason to believe that the submission of the necessary evidence on their behalf may later be impossible or problematic, they may request for such evidence to be secured. Applications for securing evidence may be submitted at any stage of the proceedings, as well as prior to the bringing of an action to a court.

Also according to the Civil Procedure Law a court or a judge is entitled to require, upon a reasoned request from a participant in the case, written evidence from the State and local government institutions and from other natural or legal persons.

Vietnam Small Flag Vietnam

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 neither technical judge nor judge with technical experience available in IP lawsuits in Vietnam because in absence of IP courts up to now and almost only 2% or less of IP disputes are brought to court annually. However, please bear in mind that expert opinions if they are in form of an assessment conclusion made by any accredited organization in charge of appraisal can be admissible to a court of law because assessment conclusion is one of the 10 sources of admissible evidences provided in Section 94 Civil Proceedings Code of 2015. Although, the provision of expert opinion or expert testimony or expert advice that was legalized as a competitive service market under the IP Law (Section 201), there have been only one quasi-governmental organization in charge of IPR infringement appraisal being the Vietnam Intellectual Property Research Institute (VIPRI) up to now. And this makes the development of expert opinion activities too sluggish and makes it difficult for litigants and courts to decide or hear on the merits as well.

b) What mechanisms are available for compelling the obtaining and protecting of evidence? Is disclosure or discovery available?
Basically, there are also mechanisms for compelling the obtaining, handing over and protection of protection stipulated in Section 106, 110 of Civil Proceedings Code of 2015. In principle, all evidences and their discovery are publicly and equally disclosed except for those regarding State secrets, national fine customs, professional secrets, trade secrets or private confidential information at the request of concerned litigants

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?

Information must be provided by the parties to the proceedings, the Court will generally not undertake any own fact-finding. Courts may however 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.

Malta Small Flag Malta

There are no technical judges with regard to IPR cases in Malta, however due to the way in which the case load is distributed among judges, we have come to a de facto situation wherein one or two judges hear the bulk of IP cases filed. This means that the judges have developed the specialised knowledge and experience relevant to IP.

The Court has the power to appoint experts to assist it, whereas the parties may also produce their own experts and expert reports in order to substantiate their claims.

With regard to patents, we do have a specialised court which is the Patents Tribunal.

Disclosure and discovery are not concepts found in Maltese law.

However as discussed above, some warrants, especially those measures under Chapter 488 (transposing the Enforcement Directive) are designed to preserve evidence, or to disclose information.

In the latter case, the measure to disclose information under Chapter 488 gives the power to the Court to order that information on the origin and distribution networks of the goods or services which infringe an IPR be produced before it. This is however limited to information on the origin and distribution networks of the goods or services which infringe an IPR.

Updated: August 2, 2018