Rule 170 – Means of evidence and means of obtaining evidence

Print this page

1. In proceedings before the Court, the means of evidence shall include in particular the following:

(a) written evidence, whether printed, hand-written or drawn, in particular documents, written witness statements, plans, drawings, photographs;

(b) expert reports and reports on experiments carried out for the purpose of the proceedings;

(c) physical objects, in particular devices, products, embodiments, exhibits, models;

(d) electronic files and audio/video recordings.

2. Means of obtaining evidence shall include in particular the following:

(a) hearing of the parties;

(b) requests for information;

(c) production of documents;

(d) summoning, hearing and questioning of witnesses;

(e) appointing, receiving opinions from, summoning and hearing and questioning of experts;

(f) ordering inspection of a place or a physical object;

(g) conducting comparative tests and experiments;

(h) sworn statements in writing (written witness statements).

3. Means of obtaining evidence shall further include [Article 59 and 60 of the Agreement]:

(a) ordering a party or a third party to produce evidence;

(b) ordering measures to preserve evidence

 

Case law

 

IPPT20240925, UPC CFI, LD Düsseldorf, Valeo Electrification v Magna
Case management order regarding evidence during oral hearing in PI proceedings (R. 210 RoP). Evidence in PI proceedings is generally and primarily to be submitted in writing (R. 170.1 (a) and (b) RoP), with particular importance being attached to the submission of affidavits (R. 170.2 (h) RoP). In addition, the submission of physical objects, in particular devices, products, embodiments, exhibits and models (R. 170.1 (c) RoP), and of electronic files and audio/video files (R. 170.1 (d) RoP) may be an option. The Court does not summon witnesses in PI proceedings.