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.
The rest of this article is locked for subscribers only. Please login to continue reading.
If you don't have a login, you will need to purchase a subscription to gain access to this article, including all our online content. Please use this link and follow the steps.
For multi-user price options, or to check if your company has an existing subscription to us that we can add you to for FREE, please email Atif Choudhury at achoudhury@worldipreview.com
Finland, court appointed experts, jurisdiction, patent litigation, Patents Act
