Obtaining Evidence in Trademark Infringement Cases in Armenia
In trademark infringement cases in Armenia, obtaining evidence is subject to certain procedures and rules. Here are key points regarding the process of obtaining evidence in such cases:
Disclosure Measures: Armenian procedural law allows for evidence disclosure measures in pending trademark infringement actions. Parties can request measures such as the disclosure of documents and inspection of objects. These orders can be directed against an adverse party or even third parties, including government entities. A refusal to provide evidence, documents, or information can be interpreted against the party refusing.
Access to Documents: Parties have the right to access documents that are referenced in the pleadings or witness statements. This access helps ensure transparency and fairness in the proceedings.
Interrogation and Testimony: Parties may request the interrogation of an adverse party before the court, and any person may be ordered by the court to provide testimony upon request of a party. However, parties are not required to produce privileged documents, such as those containing legal advice from their lawyers.
Seizure of Infringing Goods: It is possible to obtain the seizure of infringing goods as a provisional remedy. Seized goods can serve as evidence in subsequent legal proceedings.
Summary Proceedings: Summary proceedings are available, including before the formal filing of an action. These proceedings can be used to secure endangered evidence or establish crucial facts.
Orders Against Parties Outside Armenia: Orders can be issued against parties located outside Armenia. In such cases, letters rogatory may be used to request documents from foreign jurisdictions. Armenia is a party to the Hague Evidence Convention, which facilitates the process of obtaining evidence internationally.
Powers in Criminal Cases: In criminal trademark infringement cases, investigating officers have extensive powers for obtaining evidence.
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LL.M. Georgetown University, licensed to practice in both Armenia (license no. 903) and New York (license no. 5148945)
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