Obtaining evidence of infringement: preservation and seizure

By Dr Dietrich Kamlah, Siv-huor Ou and Paul England

If a defendant is suspected of infringing a patent, it is of course crucial to be able to prove this in order to obtain relief. However, the measures available to obtain evidence have traditionally varied from jurisdiction to jurisdiction in Europe. In 2004, in order to try to harmonise these, the EU Directive 2004/48/EU on the Enforcement of Intellectual Property Rights Act (the Enforcement Directive) came into force. According to the recitals on the Enforcement Directive, its objective was to ‘approximate legislative systems so as to ensure a high, equivalent and homogeneous level of protection in the internal market’, i.e. across the EU. However, despite the harmonising aim of the directive, there remain significant disparities in evidence-gathering procedures in the key patent jurisdictions in the EU. Now, with the signing of the agreement on a Unified Patent Court (UPC) on 19 February 2013 and (at the time of writing) a 15th draft of the Rules of Procedure (Draft Rules) available, there is the prospect of new approaches to obtaining evidence applicable across all the UPC contracting states.

This is the second of two articles focusing on the measures to produce and preserve evidence in three major patent jurisdictions — Germany, France and England and Wales — and compares them with their counterparts in the UPC agreement and the Draft Rules…

If you are registered and logged in to the site, click on the link below to read the rest of the Taylor Wessing briefing. If not, please register or sign in with your details below. 

Sign in or Register to continue reading this article

Sign in


It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer


Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.


Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.


Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Briefings from Taylor Wessing

View more briefings from Taylor Wessing

Analysis from The Lawyer

  • merger deal

    Corporate crunch time: who will triumph at The Lawyer Awards 2014?

    As the equity capital markets rocketed back into favour and global M&A saw at least a partial return to form, there have been some rich pickings for The Lawyer’s Corporate Team of the Year award shortlisted firms in 2014. 

  • singapore orchid

    Singapore: Cash course

    The city-state is working hard to become a global wealth management hub, and law firms are gearing up for a prosperous new world

View more analysis from The Lawyer


5 New Street Square

Turnover (£m): 241.20
No. of lawyers: 860 (UK 200)
Jurisdiction: UK
No. of offices: 6
No. of qualified lawyers: 73 (International 50)
No. of partners: 29