IP Quick Tip: Rules on evidence before the UPC

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From the German perspective, the rules on evidence before the UPC provide for an interesting mix of known principles and new regulations.

What we are familiar with, for example, are the means of obtaining evidence mentioned in the UPC Agreement, such as hearing of the parties and witnesses, opinions from Court experts, production of documents and inspection of places or physical objects, or the rules on burden of proof.

What is new, for example, is that witness evidence can also be provided by means of an affidavit. In addition to this, parties may present written statements by their own experts as formal evidence. However, the Court may also order that party experts be heard in person. This provides for important decisions when preparing witness evidence, including the choice of witnesses and experts and the form in which the evidence is presented.

Another important point is that evidence must be indicated and preparations for taking evidence must be made at a very early stage in the proceedings.