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Zivko Mijatovic & Partners
Webinar On demand

To record or not to record – that’s the question

When a recording helps you prove infringement, and when making it puts you in breach. A practical walk through the rules our clients meet most often.

Recorded February 10, 2023
Runtime 17 minutes
Language English
Practice Copyrights
Play the recording
01

Speakers

Dusan Kovacevic
Of Counsel , Serbia

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Marija Tomic
Senior Patent Attorney, Serbia

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02

About the session

Recordings turn up in almost every enforcement file: a shop visit filmed on a phone, a call with a distributor, a screen capture of a marketplace listing. They are often the cleanest proof available – and just as often the reason a case becomes complicated.

In this session our attorneys set out when a recording may lawfully be made and used, how it is treated as evidence in regional proceedings, and what to do with material that has already been collected the wrong way. The examples come from actual trademark and anti-counterfeiting matters, with the details anonymised.

03

What you will take away

  • Where consent is required before recording a conversation, and where it is not.
  • How courts in the region weigh recorded material against other evidence.
  • What to document during a test purchase so the recording stands up later.
  • Handling recordings that were made by a client before instructing counsel.
  • Practical retention and disclosure rules for recorded material.
04

Chapters

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