Global discovery: an international comparison

By Margaret Arnott

Disclosure is often one of the first steps in any IP dispute, yet the rules across different jurisdictions can be confusing, as a comparison of the regimes in England and Wales, France and the United States demonstrates

IP disputes, by their nature, tend to be complex and technical. This is exacerbated when a dispute takes place in an unfamiliar jurisdiction. Every territory is governed by its own laws and level of court involvement, all of which can vary greatly. This article examines the rules regarding the disclosure of evidence when litigating in England and Wales and how they differ from those in the United States and France. While the different disclosure rules across jurisdictions can be confusing, it is crucial to understand them at the outset of a dispute, particularly as non-compliance can lead to serious consequences such as contempt of court. We also consider the varying disclosure rules when opposing trademark applications in these different jurisdictions.

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