THE COPYRIGHT ON THE INTELLECTUAL PROPERTY EXPERT REPORT. CONSEQUENCES

Raul Sorin Fântâna ()
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Raul Sorin Fântâna: Faculty of International Economic Relations, Christian University "Dimitrie Cantemir", Brasov, Romania

Perspectives of Law and Public Administration, 2013, vol. 2, issue 1, 96-100

Abstract: Currently, according to the law, the expert is treated as a witness, and the expertise - presented as a report - is treated as a work implemented in support of justice only. Referring to the intellectual property, an expert report is often a research work with pronounced character of investigation. According to the copyright law, such a unique work should be cited even in the court device resolution, scientifically commented, as bibliographical source. The immediate consequence in support of the act of justice is that, unlike the jurisprudence - which in many countries is not a source of law, having an informative character only, a written report - especially the technical work – cannot be commented by any court. Evaluated as technical work, an expert report on the one hand should be treated as such - cited - by the courts of law and on the other hand implemented according to the rules imposed in the scientific works: documented, with a minimum number of references to and quotations from serious sources, including previous expert reports from completed files. We think that such an approach of the expert report would lead to a significant improvement of the justice act at least in Business Law.

Keywords: technical expert report; res interpreted; intellectual-industrial property; technical work; technical jurisprudence; standardization (search for similar items in EconPapers)
JEL-codes: K20 (search for similar items in EconPapers)
Date: 2013
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