In Finland, there is concern that some court-appointed experts have been allowed to overstep their authority in influencing cases, says Petri Eskola.
In Finland, there is concern that some court-appointed experts have been allowed to overstep their authority in influencing cases, says Petri Eskola.
Patent litigation often involves complex judicial and technical issues. Courts with jurisdiction over patent disputes have to be capable of coping with both aspects. In many countries, only special courts or general courts with specific expertise have the competence to hear patent disputes.
To deal with the technical issues in litigation, the use of experts is essential in most cases. This is as much for the benefit of the court as the parties to the dispute. Both the court and the parties are entitled and expected to use outside technical expertise, whereas the court should know the law in accordance with the principle of jura novit curia.
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Finland, court appointed experts, jurisdiction, patent litigation, Patents Act
