Abstract:
In intellectual property (“IP”) cases decided in recent years in Singapore, the use of expert evidence is commonplace. Weaknesses in that expert evidence are commonplace too; sometimes the weaknesses are such that the evidence should be excluded, on other occasions they render the evidence of little value. However, in all cases the reliance on expert evidence will have increased the cost of the litigation for both sides (and rarely does the costs award make that increase good for the successful party). Aside from the more general policy concerns regarding expert evidence, this is an important reason why the courts must always be vigilant in ensuring in IP cases that expert evidence is allowed only when it is clearly of assistance to them in their role as the ultimate arbiter on questions of law.