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A Study on the Adoption of Discovery in Copyright Litigation

  • Journal of Software Assessment and Valuation
  • Abbr : JSAV
  • 2020, 16(2), pp.25-35
  • Publisher : Korea Software Assessment and Valuation Society
  • Research Area : Engineering > Computer Science
  • Received : October 24, 2020
  • Accepted : December 21, 2020
  • Published : December 31, 2020

Kim Si Yeol 1

1(재)한국지식재산연구원

Candidate

ABSTRACT

In the Korean litigation system, structural maldistribution of evidence still remains a conundrum. Numerous solutions have been discussed so far and, today, few people deny the need for adopting a system similar to the discovery procedure in the United States. In the intellectual property (IP) domain, a wide range of legislative attempts have been made to improve the litigation system, especially for patent litigation. However, the adoption of discovery in copyright litigation is seldom discussed, despite the fact that copyright infringement lawsuits increasingly involve highly technical issues, especially in case of copyrightable computer programs. The lack of discussion on discovery adoption forms a stark contrast with the active attempts to adapt and adopt discovery procedure for patent litigation. In copyright infringement lawsuits, especially for copyrighted computer programs, securing evidence takes on crucial importance. However, in reality, there are numerous obstacles. Some lawsuits proceed even without properly securing the infringed work. To address this issue, the current litigation system needs to be improved by adopting a procedure similar to discovery. This paper reviews what solutions are being utilized today, and how we should approach the issue.

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