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22 - Intellectual Property in the Courtroom

The Role of the Expert

from Part IV - Across Professions

Published online by Cambridge University Press:  27 March 2020

Graeme W. Austin
Affiliation:
Victoria University of Wellington
Andrew F. Christie
Affiliation:
Melbourne Law School
Andrew T. Kenyon
Affiliation:
Melbourne Law School
Megan Richardson
Affiliation:
Melbourne Law School
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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?

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Across Intellectual Property
Essays in Honour of Sam Ricketson
, pp. 292 - 302
Publisher: Cambridge University Press
Print publication year: 2020

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