1.
In proceedings before the Court, the means of evidence shall include in particular the following:
What is UPCRoP 170?
This is Rule 170 from the UPCRoP (Verfahrensordnung des Einheitlichen Patentgerichts), which is part of the legal framework governing the Unified Patent Court in Europe.
Legal Text
(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.
Applied In
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Official Source
This legal text is from the official UPCRoP framework governing the Unified Patent Court.
Reference: UPCRoP 170 (Rule 170)