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A Study on Securing Publicity of IPR Expert Testimony

  • Journal of Software Assessment and Valuation
  • Abbr : JSAV
  • 2022, 18(1), pp.1-10
  • DOI : 10.29056/jsav.2022.06.01
  • Publisher : Korea Software Assessment and Valuation Society
  • Research Area : Engineering > Computer Science
  • Received : April 26, 2022
  • Accepted : June 20, 2022
  • Published : June 30, 2022

Kim Si Yeol 1

1(재)한국지식재산연구원

Accredited

ABSTRACT

The Expert Testimony of the Civil Procedure Act aims to assist professional knowledge and experience to supplement judges’ decision. However, in the case of appraisal performed by a judge's order, the judge's control is bound to be weak, so the reliability of the appraisal results is lost by using this, which makes it difficult for judges to decide. In particular, in lawsuits related to intellectual property rights, due to its essential characteristics, judges rely more on experts who perform appraisal during the trial process. Since judges cannot take the lead in controlling the appraisal process, securing fairness and reliability for the expert is considered a very important factor. Therefore, it was thought that the public nature of emotions would function importantly as a means of securing fairness and reliability of Expert Testimony. To this end, the direction of system improvement to secure the publicity of emotions was examined.

Citation status

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