Rule 288

Litigation privilege

Rules of Procedure

Part 5 – General provisions

Chapter 3 – Rights and obligations of representatives

Rule 288 – Litigation privilege

Where a client, or a lawyer or patent attorney as specified in Rule 287.1, .2, .6 and .7 instructed by a client in a professional capacity, communicates confidentially with a third party for the purposes of obtaining information or evidence of any nature for the purpose of or for use in any proceedings, including proceedings before the European Patent Office, such communications shall be privileged from disclosure in the same way and to the same extent as provided for in Rule 287.

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