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26-04-08

On March 11, Lee International IP & Law hosted a joint forum titled “Technical Expertise in Patent Litigation” in collaboration with the Association Internationale pour la Protection de la Propriété Intellectuelle Korea (AIPPI Korea) and the European Patent Lawyers Association (EPLAW).
The forum featured a comparative discussion on how technical expertise is utilized in patent litigation across different judicial systems. The European speakers from Switzerland, Italy, the UK, Denmark, Germany introduced various patent litigation frameworks, including the involvement of technical judges, court-appointed experts, and party-appointed expert testimony.
The Korean presenters outlined the domestic patent litigation system, with a particular focus on the recently introduced evidence-gathering mechanism known as “K-Discovery.” The discussion also covered the Unified Patent Court (UPC) system in Europe, as well as the role of technical judges, expert reports, and oral hearings.
Through these exchanges, participants emphasized that the manner in which technical issues are understood and presented can be a decisive factor in patent litigation, and that the use of technical expertise varies significantly across jurisdictions depending on judicial structures and procedural traditions. In particular, it was shared that while technical judges play a central role in some systems, others place greater reliance on court-appointed experts, party-appointed experts, and oral hearings.
Participants ultimately agreed to continue to cooperate on further developing the patent litigation systems in both Korea and Europe and strengthening the protection of intellectual property rights.