Unresolved Issues in Patent Dispute Evidence in Australia: Considering Arbitration as an Alternative to Litigation

• 발행기관: 한국중재학회
• 저자명: Choong Mok Kwak
• 간행물 정보: 『중재연구』 제26권 제3호, 121~147쪽, 전체 27쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2016.09.30

영문 초록

Factual issues in most patent litigation are related to very complicated techniques. Thus, the courts has emphasised that the technology in dispute has to be read and understood through the eyes of a person to whom it is directed. Therefore, among the various processes in federal litigation, most litigation in the field of patent infringement relies on at least some expert evidence. This paper focuses on issues regarding patent dispute evidence, and explore whether there are unresolved issues in evidential rules and procedures of patent proceedings. Further, this paper seeks to demonstrate that both the parties and the courts in patent disputes generally benefit from the current evidence system. However, in a number of Australian cases, the scope of expert evidence in patent cases has been strictly limited. Australian Government identified uncertain issues associated with the present patent enforcement system, due to factors such as a low level of knowledge about what patent rights entail, the high degree of uncertainty of outcome in legal proceedings, etc. Arbitration shall be reviewed and suggested as an alternative to tackling the ongoing problems in the trial system.

목차

Ⅰ. Introduction

Ⅱ. Evidential Issues in Patent Litigation in Australia

Ⅲ. Confidentiality Issue in Discovery Ⅳ. Issues in Expert Opinion

Ⅴ. Conclusion: Arbitration as an Alternative in Patent Dispute

키워드

Patent Infringement Litigation Discovery Expert Opinion Australian Evidence Law Confidentiality Code of Conduct Concurrent Expert Evidence Hot-tubbing Admissibility Court’s Control,Federal Court Rules 2011 (Cth) Arbitration Australia’s Commercial Arbitration Act (‘CAA’) Patent Tribunal