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Rules of Procedure of the Unified Patent Court (RoP)

Rule 197

Order to preserve evidence without hearing the defendant

  1. The Court may order measures to preserve evidence (Rule 196.1) without the defendant having been heard, in particular where any delay is likely to cause irreparable harm to the applicant or where there is a demonstrable risk of evidence being destroyed or otherwise ceasing to be available.

  2. Where measures to preserve evidence are ordered without the defendant having been heard, Rule 195 shall apply mutatis mutandis to the oral hearing without the presence of the defendant. In such cases, the defendant shall be given notice, without delay and at the latest immediately after the time of the execution of the measures.

  3. Within 10 working days after the execution of the measures, the defendant may request a review of the order to preserve evidence. The *Request for review shall set out
    • (a) the reasons why the order to preserve evidence shall be revoked or modified,
      (b) the facts and evidence relied on.

  4. The Court shall order an oral hearing to review the order without delay. Rule 195 shall apply. The Court may modify, revoke or confirm the order. In case the order is modified or revoked the Court shall oblige the persons to whom confidential information has been disclosed to keep this information confidential. [Rule 196.1]


Relation with Agreement: Article 60(6)

[Article 7 Directive 2004/48/EC]

Status: 15th draft of 31st May 2013