Armenian procedural law does not provide for full discovery, but in pending trademark infringement actions courts may generally order evidence disclosure measures upon request of a party, such as disclosure of documents and inspection of objects. Such orders are directed against either an adverse party or a third party, including government entities. In proceedings on the merits the courts should interpret a refusal by a procedural party to provide evidence, documents or information against that respective party.

The parties are entitled to see documents that are referred to in the pleadings, witness statements, etc. Furthermore, an adverse party may be interrogated before court upon request of either party, and any person may be ordered by the court, upon request of a party, to give testimony. Parties do not have to produce privileged documents such as those including legal advice from the parties’ lawyers.

In addition, it is possible to obtain seizure of infringing goods as a provisional remedy. Such goods may serve as proof in subsequent proceedings.

Summary proceedings are available, also prior to the filing of an action, in which endangered evidence may be secured or facts may be established.

Orders can be made against parties outside Armenia. These will then have to be dealt with by letters rogatory addressed to the court of the relevant jurisdiction in order to obtain the documents in question. Armenia became party to the Hague Evidence Convention in 2012.

In criminal cases investigating officers enjoy extensive powers for obtaining evidence.

 

By | 2017-01-30T13:26:30+04:00 November 20th, 2013|Trademarks|Comments Off on Obtaining evidence in trademark infringement cases in Armenia

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