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1 results

  • 22 - Intellectual Property in the Courtroom

  • from Part IV - Across Professions
  • Edited by Graeme W. Austin, Victoria University of Wellington, Andrew F. Christie, Andrew T. Kenyon, Megan Richardson
  • Book:
    Across Intellectual Property
    Published online:
    27 March 2020
    Print publication:
    12 March 2020, pp 292-302

  • Summary

    Commercial wealth is increasingly to be found in intellectual property rights. Protection of such rights is exclusively the domain of litigation, to be decided by judges who often will have no personal education or experience in the discipline involved. Thus expert witnesses in the relevant field will be required. Different procedures have evolved: court-appointed experts, assessors, the Hot Tub. How can the objectivity of expert witnesses be ensured? In a particular field there may be experts, but issues can still be decided by lay judges or juries without their assistance. Is this expert really necessary?