1.
Evidence available to a party regarding a statement of fact that is contested or likely to be contested by the other party must be produced by the party making that statement of fact.
What is UPCRoP 172?
This is Rule 172 from the UPCRoP (Verfahrensordnung des Einheitlichen Patentgerichts), which is part of the legal framework governing the Unified Patent Court in Europe.
Legal Text
2.
The Court may at any time during the proceedings order a party making a statement of fact to produce evidence that lies in the control of that party. If the party fails to produce the evidence, the Court shall take such failure into account when deciding on the issue in question.
Relation with Agreement: Article 53
Applied In
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Official Source
This legal text is from the official UPCRoP framework governing the Unified Patent Court.
Reference: UPCRoP 172 (Rule 172)