Electronic Evidence in Intellectual Property Disputes under the Council of Europe’s Guidelines
| Autor: | Marek Swierczynski, Remigijus Jokubauskas |
|---|---|
| Rok vydání: | 2020 |
| Předmět: |
Property (philosophy)
Memorandum Administrative law 05 social sciences 06 humanities and the arts Library and Information Sciences Intellectual property Business model 050905 science studies 0603 philosophy ethics and religion Administration (probate law) Computer Science Applications Metadata 060301 applied ethics Business 0509 other social sciences Law Soft law Law and economics |
| Zdroj: | Masaryk University Journal of Law and Technology. 14:303-320 |
| ISSN: | 1802-5951 1802-5943 |
| DOI: | 10.5817/mujlt2020-2-7 |
| Popis: | On 30 January 2019 the Council of Europe adopted guidelines on electronic evidence in civil and administrative law accompanied by the Explanatory Memorandum. The authors summarize and analyse this soft law instrument with respect to intellectual property (hereinafter “IP”) disputes. They explain why its creation is important for the proper administration of justice and how it addresses and reflects technological developments, new business models and evolving case-law. Several conclusions have been identified regarding how use of the Guidelines will address current practical problems for courts in IP disputes. Both authors took active part in the preparatory works and believe it is in the interest of justice and effective IP protection that these guidelines are publicly available in the member states and widely disseminated among professionals dealing with electronic evidence. |
| Databáze: | OpenAIRE |
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