Please use this identifier to cite or link to this item:
A Study on Expert Witness in Intellectual Property Litigation
Intellectual Property Rights,Expert Witness,Empirical,Patents,Copyrights,Trademarks,Trade Secrets,
|Publication Year :||2019|
Most of the studies on expert witness conducted by domestic senior legal scholars have always focused on traditional criminal cases, forensic psychiatry, sex crimes, forensic accounting, medical disputes, traffic incidents, construction disputes, etc. However, despite its importance in practice, the use of expert witnesses in intellectual property cases has surprisingly rarely been discussed. This article focuses on the use of IP expert witness across four primary types of IP rights: patents, copyrights, trademarks and trade secrets. First, domestic IP cases were collected to process a legal empirical study with descriptive statistics of the type of cases, the eligibility and admissibility of the testimony, the organizations, so as to come up with a solid understanding of how the IP expert witness has been using in our court practices. Furthermore, in order to view this issue in a comparative perspective, the article also introduces the expert witness in the United States legal system, and analyzes several IP cases from U.S Supreme Court or other federal courts to describe how the IP expert witnesses work in practices. In sum, the article comments on the expert witness system from the draft of the Commercial Case Adjudication Act.
|Appears in Collections:||科際整合法律學研究所|
Files in This Item:
|4.36 MB||Adobe PDF|
Items in DSpace are protected by copyright, with all rights reserved, unless otherwise indicated.