Settings And Related Research Of The Judicial Research Officials System Of Intellectual Property Litigation

In the judicial practice, a large number of the trial of intellectual property cases involveprofessional technical problems. Due to the judges have no related technical background, can notto find out the technical facts. If this objective question can’t be solved, will lead to morelitigation cost, and even affect the judicial justice and efficiency. To solve this problem, in theearly90’s in China has enabled the identification system of professional institutions, and thenfollow foreign related system, introducing the expert assistant system and the expert assessorsystem. But introducing any system is a process of rational choice, it’s necessary to consider onthese systems whether or not adapt to the traditional legal soil of our country.In this paper, will elaborate the current situation of application of the expert assistant systemand the expert assessor system. Then will accent on the local adaptation of these three systems,trying to have a conclusion after compare with foreign related legal practice. In looking at thenew development of the jury system in continental law system countries, namely in find out theintellectual property case technology testimony core way after research the local adaptation ofThe judicial research officials system of intellectual property litigation. Creating “the judicialresearch officials system of intellectual property litigation+identification system of professionalinstitutions” as the two-dimensional integration mechanism, to realize the promotion andconstraint of identification system of professional institutions. Building the effectivecommunication channel of the judge and the parties and the identifier, speeding up the rhythm oflitigation, saving litigation resource. Completely find a way out of the dilemma of technologytestimony of intellectual property rights cases. And in the last part, put forward a proposal aboutthe conception of set pattern and the specific duties. But this thesis is for academic discussion, itshave a long way to go to introduce this system and makes it could be innovated operation in ourcountry.