Evidentiary Privileges in International Intellectual Property Practice
15 Pages Posted: 15 Jan 2009
Date Written: December 20, 2008
Because the international intellectual property is based on a purely territorial model, a party who desires to obtain intellectual property rights in multiple jurisdictions must seek protection in each nation. This system creates unique and largely unforeseen problems involving the attorney client privilege. Although the party will be conveying much of the same information to legal counsel in all nations in which she seeks protection, the attorney-client privilege rules in various nations differ significantly. This paper, which will be presented at the INTA conference in May, 2009, explores the problem and critiques one proposed solution.
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