Issues On Intellectual Property Technical Identification

Judicial identification has been a hotspot in legal research, which contains many deficiencies nonetheless, including paying more attention to codices than practices, scratching the surface but not in depth, limiting analysis to case study but not extending to a macroscopic level, and the research focusing on Intellectual Property technical identification is rare. In order to resolve these problems, this paper start with practical analysis, and try to value and analyze issues existing in current Intellectual Property technical identification more perfectly with a method of combining"micro"and"macro", practices and codices, and thus present some constructive concepts about reform of identification system in our country.First, the paper searches the judgments of Intellectual Property litigation that contain the procedure of identification to obtain related information. Then, the paper set the statistic items, including judgment date, case classification, court of final judgment, reason of appeal or retrial, times of identification, appraiser, issues submitted to identification, examination of identification, evidentiary potency of identification, and analyze statistic data, to understand how identification runs in practice in the respect of macroscopic level. Finally, the paper discusses some issues that deserve research most in Intellectual Property identification system, from standpoints such as reasons that cause the current situation, actual effect of codices, spark in single case, related evidentiary system in Common Law and Civil Law traditions, with the method of comparing search results with each other.The issues that have been demonstrated in depth are started with data obtained from practical analysis, which contain identification start system, admissibility of identification, and how to improve the current situation that identification results are rarely believed.