Although parties in IP cases will generally be required to
produce witnesses at trial, for less complicated cases documentary
evidence may be sufficient.
The usual procedure in IP litigation is for the Plaintiff to
file a Complaint, and the Defendant a Reply, with the Central
Intellectual Property and International Trade Court (CIPITC). The
judge then fixes a date for directions, which will normally include
the fixing of dates for the examination of witnesses of each party.
The parties are required to inform the Court of the number of
witnesses they intend to rely on. Normally, the Plaintiff examines
its witnesses first, then the Defendant examines its witnesses,
with each party having the opportunity to cross examine the
witnesses of the other party. There is then often an opportunity
for the parties to respond to any questions arising from the
cross-examination. Closing statements are delivered by each party,
following which the CIPITC reaches its decision.
