The Role of the Expert
from Part IV - Across Professions
Published online by Cambridge University Press: 27 March 2020
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?
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