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    Client-attorney privilege in intellectual property matters: additional observations

    Submission relating to WIPO Secretariat paper SCP/13/4

    Prepared by the ICC commission on : Intellectual Property
    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