Civil Search and Seizure of Digital Evidence: The Example of the Thai Central IP & IT Court
Digital Evidence and Electronic Signature Law Review - Nbr. 5, October 2008
Jumpol Pinyosinwat - Presiding Judge, the Central Intellectual Property and International Trade Court, Thailand
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Introduction. Thai digital evidence legislative. Civil Procedural Code. Rules for Intellectual Property and International Trade Cases 1997. Electronic Transactions Act 2001 and 2008. Civil search and seizure in intellectual property cases. Civil search and seizure of digital evidence. Concluding comments.
Civil Search and Seizure of Digital Evidence: The Example of the Thai Central IP & IT Court
Civil Search and Seizure of Digital Evidence: The Example of the Thai Central IP & IT Court 1
Introduction The increasing need to gather and use digital evidence in court proceedings has raised many challenges for the procedural laws. The shift from physical evidence to digital evidence often leads to disputable issues of collection of evidence and the admissibility of evidence. In criminal proceedings, the argument for search and seizure of digital evidence usually leads to issues of probable clause, unreasonable search and seizure, and the scope of the criminal investigation. On the other hand, a search and seizure order in civil litigation is often tied to provisional measures or interim injunctions orders, which leads to issue of fair trial arguments. The request for provisional measure orders in civil proceedings has often been used and been developed in intellectual property litigation which also confronts to countless challenging questions. This paper briefly considers the following: it examin...
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