지식재산분쟁에서 중재제도 활성화를 위한 전자증거개시제도의 정비

Disputes over various intellectual property rights can not be settled efficiently by means of court adjudication. If such disputes are referred to arbitration, it gives the parties an opportunity to select for themselves a tribunal of arbitrators experienced in such matters, and the confidentiality of arbitral proceedings helps to provide a safeguard for trade secrets. According to Korean Arbitration Act Art. 3 (1), any dispute in private laws would be the object of arbitral proceedings. Therefore, the parties may agree to arbitrate disputes relating to the rights that they freely dispose of. Besides, they may have the freedom to choose arbitration as the form of a dispute resolution. Also, the differences of producing paper documents and electronic information are as follows; massive volume, persistence, changeable contents, metadata, environment-dependent, dispersion and searchability. Since these differences make the discovery more expensive and less expeditious, it is necessary to limit the scope of discovery. Accordingly, a number of arbitration institutions have already introduced rules, guidelines or protocols on E-discovery. Since it is anticipated that an arbitration to increase the possibility of the use of an E-discovery, the accurate understanding system for E-discovery, and its preparation is needed. As a result, we would need to establish regulations for electronic data.