Neuroscience and technology can be used to judge trademark infringement
March 17, 2023 09:05 Source: "China Social Sciences" March 17, 2023 Issue 2612 Author: Liu Yuwei/Compilation

  Bet365 app download According to the "Dialogue" report on the Internet recently,Zhang Zhihao, a professor of business manager of Daton Business School at the University of Virginia, believes,Neuroscience not only helps to help crack legal cases based on the concept of "rational people",Can also improve legal thinking。For example,Observe the party's brain activity,It can help judges more objectively measure the similarity of trademarks,To solve the new perspective of trademark infringement cases。

bet365 best casino games In the British and American Law System,Determine whether the trademark infringement depends on whether the rational person thinks that the two trademarks are similar enough to cause confusion。In the British and American anti -litigation mode,Two opposed parties each hire lawyers and expert witnesses to provide evidence。The form of evidence collection is an expert witness hired by one party to ask the other to directly inquire。But,The author pointed out,What background information should the parties get、How to determine the respondent as a rational person、How should the problem be worded or which the standards that measure the similarities,There are no unified legal provisions。Therefore,The parties are easily guided bet365 Play online games by the problem to control the problem,Or affected by subjective prejudice,So as to give insufficient evidence。Some judges can only helplessly abandon the evidence of both parties,Judging the similarity of trademarks by yourself。

The author said,Mature neuroscience and technology can allow the court to observe people's brain and neural activity,to measure the perception of the parties' similarity of trademark。Zhang Zhihao and others use the phenomenon of "repeated suppression" to confirm the above assumptions。Repeated suppression means that when people see or hear the same thing again and again,Each reaction of the brain to repeated stimulation will weaken。

In the experiment,Zhang Zhihao and others quickly bet365 Play online games displayed several sets of trademarks and their plagiarism versions to the participants,and use the nuclear magnetic resonance scanner to check the activity of the brain processing visual objects。The degree of decreased brain nerve reaction corresponds to the judgment of the two trademark similarity of the brain。Under the mechanism of repeated suppression,If the second trademark is exactly the same as the first,The brain will minimize the response; if the two trademarks are completely different,The brain will minimize the response; if the two are similar,The degree of changes in the brain response is between the first two cases。

other,The author found,Methods that measure the similarity by observing the brain activity,Can identify prejudices that bet365 Play online games the parties intentionally or unconsciously communicate。This can be seen,Neurological imaging technology helps improve the quality of evidence in the copyright infringement case。In the author's view,Although observing the brain activity provides a more objective similarity measurement ruler,But the judge still has the highest power to determine the boundaries of the infringement behavior。other,When the court uses neural imaging technology to have an important impact on the results of the case。Both judges and lawyers need to deeply understand the development of neuroscience and technology and discipline,Prepare for neuroscience to be more widely used in judicial practice。

  (Liu Yuwei/Compilation

Editor in charge: Changchang
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