États-Unis d'Amérique

Émirats arabes unis

Moyens de faire respecter les DPI

26. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production of evidence necessary to substantiate a party's claims where that party has been unable to obtain such evidence from the opposing party. Please describe how the laws or regulations of the United Arab Emirates provide this authorization, citing to the relevant provisions of law or regulation.

The Evidence law provides for an equitable and fair access to judicial procedures. The balance of the rights and obligations of both party’s claims and the opposing party is ensured. The basic principle of this law is that the claimant must provide evidence to substantiate his claim and the evidence must be relevant to the action. The court can, however, order the evidence be produced if it is under control of the opposing party. The court can also call on the party to question him regarding the changes or alterations made to the element of evidence.