Intellectual Property and the New Global Japanese Economy by Taplin Ruth;

Author:Taplin, Ruth;
Language: eng
Format: epub
Tags: Economics, Finance, Business & Industry
Publisher: Taylor & Francis Group
Published: 2009-03-26T00:00:00+00:00

Expert advisory system

From a comparative law perspective and to further understanding of the Japanese judicial system, the expert commissioners system introduced in 2004 is a unique system that offers highly professional judicial services within the area of highly developed, specialized and advanced technology.

Expert advisers are appointed by the Supreme Court on a part-time basis as staff for a two-year term. They are chosen from leading experts in a number of technical fields drawn from the ranks of private companies, benrishi, researchers from public organizations and university professors. There are approximately 182 expert commissioners who have been appointed to date and who are considered suitable for such a job. The role of these expert commissioners is to serve as neutral and fair advisers to the court.

Within the proceedings they explain background to or significance of the invention based on both evidence and arguments submitted by parties to the court. The explanations offered by the expert advisers in the proceedings are not viewed as evidence per se, but assist the court in deepening its understanding of the intricacies of the actual invention and other references involved in the case, which facilitates a decision based on evidence. The combination, therefore, of research officials’ daily support and expert commissioners’ case-by-case assistance is giving the Tokyo and Osaka District Courts and the IP High Court greater levels of expertise to deal with highly technical cases.

The expert advisory system has ushered in a number of positive effects on the judiciary. The explanation by expert advisers to a judge brings higher-quality decisions. Such explanations allow judges to deepen their understanding of the background and provide a total picture of an invention, which helps the judges to piece together the different parts of submitted evidence. They also serve to clear up the questions and doubts the judges may have, giving them increased confidence to make a decision.

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