2.5False or Misleading Information

If a Representative becomes aware that he or she has inadvertently misled the Court, or that a witness has given evidence which is not true, the Representative shall seek the Client’s consent to inform the Court as appropriate.

Note: This addresses the situation where non-witness evidence is provided to Court by the Representative in good faith which turns out to be misleading later-on, or that witness evidence turns out to be incorrect. While this is important to achieve the objective of Art. 48 (6) of the Agreement, the intention is not to introduce a US-style inequitable conduct doctrine.

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