Client-attorney privilege in intellectual property matters: additional observations
Submission relating to WIPO Secretariat paper SCP/13/4
Publication date : 27/08/2009 | Document Number : 450/1049
Unfortunately, the law of privilege in common-law countries applies clearly only to communications between local legal advisers and their clients. This is a major problem for litigants in intellectual property disputes because of their unusually international character and because of the close similarity between intellectual property laws of different countries.Our main aim in this paper is to explain the nature of the problem and, most importantly, the feasibility of an international instrument as a solution to the problem. We begin by setting out the problem, and then proceed to answer the questions which some delegations have raised.
Highlights
-
The nature of the problem
- Privilege vs professional secrecy
- Relationship with prior art
- Consistency with the Paris Convention
For further information, please contact
Daphne YONG-D'HERVÉ
Chief Intellectual Property Officer, IP Policy and Management, Intellectual Property
Tel:
+33 (0)1 49 53 28 24
daphne.yongdherve@iccwbo.org