Using expert evidence on intellectual property: A practical perspective

Abstract

Intellectual property (IP) is a specialised field of expertise that is not only related to legal issues of IP rights but also to the application of knowledge, experience, and skills in technical and economic aspects. There have been many studies on the role and legal value of expert evidence in IP disputes and infringement cases. In the case of IP dispute and infringement to be resolved in the courts, the duty of these experts is to provide professional opinions in a way that is completely impartial, independent, reasonable, and transparent. It can be said that in a majority of cases, reliance on expert evidence demonstrates the role of expert opinions in assisting IP enforcement authorities in reaching their final decision on the case although the authorities are not bound by such evidence. Based on global practices, this article attempts to answer some initial legal questions such as when does an expert opinion become evidence? Is expert evidence the product of legal expertise or technical expertise? Is the expert evidence an administrative decision, and under what circumstances can it be used?