États-Unis d'Amérique
Moyens de faire respecter les DPI
Procédures et mesures correctives civiles et administratives
15. Article 43.1 of the TRIPS Agreement requires that judicial and administrative officials be able to order a party to an intellectual property enforcement proceeding to produce relevant evidence in that partys control identified by the opposing party when the latter party has presented reasonably available evidence in support of its claims. Please describe how and in what circumstances judges and administrative officials may order production of relevant evidence in intellectual property enforcement proceedings and cite the legal authorities providing for such orders.
In accordance with Article 208 § 1 CCP, the court may demand the opposing party to produce for the hearing the evidence in that party's control if that party is a state or self-government entity and each party to produce at the hearing documents, books, plans etc. The basis for proving such evidence is the court's decision not being subject to separate appeal (Articles 236 and 233 § 2 CCP) The defendant in the proceedings involving infringement of copyright or related rights may be obliged by the court to provide information and make available specific documentation relevant for the claims of the qualified author (Article 80 § 1 point 1 of the Act on Copyright and Neighbouring Rights). Failure to comply with this obligation may lead to the use of coercive measures. However, in its ruling the court judges the importance of the party's refusal to produce ordered evidence or causing the impediments in proving thereof, and may consider the circumstance which was to be substantiated with this evidence to be proved (Article 233 § 2 CCP).