Expert in Intellectual Property Litigation

• Main Authors: CHANG, CHUNG-CHING, 張重卿
• Other Authors: CHIEN, HSIU-RU
• Format: Others
• Language: zh-TW
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/phuzfm

碩士 === 世新大學 === 智慧財產權研究所(含碩專班) === 107 === Specialization and refinement of the social division of labor have led to the judicial practice which relying on the application of expert opinion testimony in litigation. However, the great majority of litigants criticized the application of experts in the current judicial practice. Therefore, in March, 2019, The Judicial Yuan of The Republic of China established the “Draft of Business Case Adjudication Act”, and has determined to introduce the expert witness system of common law. Nevertheless, it is not yet clear whether the expert witness system can also apply to other types of litigation. With regard to the intellectual property litigation, it involves a high degree of science and technology or professional fields, so there is a demand for support the litigants’ claim via expert opinions. However, the litigants in the current intellectual property litigation have applied the expert witness’s opinion as evidence. Therefore, the research purpose of this thesis is to clarify the difference between the expert witness in the judicial practice of Republic of China and the expert witness of the common law, and how the introduction of expert witness system of common may impact on the current judicial practice. In addition, through the introduction of other country’s relevant legal systems concerning the participation of expert in litigation, and supplemented by the judicial judgement of intellectual property in Republic of China, as a perfection of the judicial practice of participating in litigation by expert.