A Judicial Request for Data on the Value and Quantity of Counterfeit within the Framework of the Adversariality Principle

Abstract

The article analyzes the current practice of state arbitration courts to issue disclosure orders for evidence confirming the volume of production and the cost of counterfeit goods. In some cases, rightholders interpret their right to demand evidence from an opponent extremely broadly and, by demanding information as such, but not evidence, actually transferring the burden of proof to the defendant, which conflicts with the adversarial principle of civil proceedings.