Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

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4. Results: Answers
Patents
7.
Discovery
7.1
Is discovery available during litigation?
Thailand

Answer ... Yes. The court will assist both parties with discovery and has the power to issue subpoenas if certain information needs to be made available for the plaintiff or the defendant.

For more information about this answer please contact: Franck Fougere from Ananda Intellectual Property
7.2
What kinds of discovery are available?
Thailand

Answer ... The Central Intellectual Property and International Trade (IPIT) Court usually admits large volumes of evidence, including written documents (eg, articles, publications, patent specifications, search reports), physical samples, police reports, investigation reports, test reports, pictures, charts and presentations. The court will also and principally hear from witnesses, as well as technology or industry experts, both orally and in writing.

Testimony is an essential part of patent litigation in Thailand.

For more information about this answer please contact: Franck Fougere from Ananda Intellectual Property
7.3
Are there any limitations to the amount of discovery allowed?
Thailand

Answer ... No, except the information must be retrievable and its existence must be plausible. A motion must be filed to the IPIT Court – preferably in the early stages of the proceedings – to increase the chances that the court will issue a subpoena.

The court has discretionary powers in allowing discovery.

For more information about this answer please contact: Franck Fougere from Ananda Intellectual Property
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Topic
Patents