Journal Article

Cross-border use of evidence in IP litigation: beware the deemed undertaking rule in Canada

Athar K. Malik

in Journal of Intellectual Property Law & Practice

Volume 4, issue 10, pages 699-701
Published in print October 2009 | ISSN: 1747-1532
Published online August 2009 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpp133
Cross-border use of evidence in IP litigation: beware the deemed undertaking rule in Canada

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The Ontario Court of Appeal considered whether evidence disclosed to a party (Kitchenham), only by means of compelled disclosure by another adverse party in litigation, could then be disclosed by Kitchenham to a different adverse party in different litigation (Axa Insurance). The case turned on the breadth and scope of the deemed undertaking rule in Canadian law.

Journal Article.  1314 words. 

Subjects: Arbitration ; Intellectual Property Law

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