The client legal privilege is a fundamental principle in most common-law countries protecting communications between a party and his legal adviser. However, advice on intellectual property matters is often not covered by client legal privilege because IP advisers in many countries are not necessarily legal professionals. Countries not using a common-law system also generally do not recognize the concept of privilege.
Government agencies (governments), companies and individuals are all confronted with, use or own intellectual property rights (IPRs) and each of those may have to assess IPR related legal issues by obtaining the advice of IP professionals. They need the best and most complete advice that can be obtained to clearly understand those rights and guide their actions regarding them. That means that clients must have full and frank exchanges with their respective IP advisers. To achieve this exchanges have to remain confidential and be protected from forcible disclosure, even in court.
The present law, particularly internationally, does not ensure the fundamental protection from forcible disclosure of confidential exchanges between clients and their IP advisers. It would therefore be very advantageous to have an appropriate international instrument by which minimum standards of protection against forcible disclosure of professional IP advice and mutual recognition of such protection are assured internationally. This would assist in effecting the rule of law and help render the IP system more transparent, predictable and efficient for all those assessing and using IPRs.
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