Procurement of proof of infringement

Enforcement of protective rights, and especially a patent, is a very different procedure in a Common Law country, such as the USA, and in a country where the legal system is based on Roman Law, as on the European continent. Nevertheless, there are decisive differences even between the various countries of this continent. A special problem in patent litigation is the problem of providing evidence. Different European countries have different methods of handling this crucial question, one special procedure being the Infringement Seizure Proceeding in France, which is very much in favour of a patent owner who seeks evidence. This is discussed using the examples of infringement procedures in France and Germany.

Keywords:

• Lnfringement
• Infringement Seizure
• Enforcement
• Patent
• Proof