Research On Expert Jury System Of Intellectual Property Rights In Civil Trial

At present, more and more specialized knowledge have been involved in the judicial practice, and a large number of the trial of intellectual property civil cases involve professional technical problems. Because the judges usually do not have technical backgrounds, it is hard for them to find out the technical facts. In order to solve this problem, some domestic courts have tried to invite experts in various fields as a juror in the civil trial of intellectual property rights, which take good effects in fact. In the meantime, expert jury system is almost placed in an awkward situation with no suitable legislation in China. Difficulties in the practice of the system of expert jury, have dampened the enthusiasm of the expert jurors, and restricted the maximum function of the system of expert jury.How to improve the legislation of expert jury system of intellectual property rights has become an urgent problem that demands immediate solution. This paper discussed and expounded this problem in order to provide some references for the legislation, combining theory and judicial practice.This paper is mainly divided into four parts:The first part is about the origin and development of expert jury system of intellectual property rights in civil trial. This part, which analyzes the emergence of the system of expert jury in the civil trial of intellectual property rights, is due to the fact that professional technical problems need to find out and the restriction of the judge’s knowledge. This part also gives some examples of typical countries in this regard, and introduces China’s development status of expert jury system of intellectual property rights. The second part is about the value and function of expert jury system of intellectual property rights in civil trial. This section researches the unique value of the expert jury system on the fair trial and due process. Combined with the specific cases, this section demonstrates the function of expert jury system in the actual operation. The third part is about the structure and characteristics of expert jury system of intellectual property rights in civil trial. This part studies the Lishui intermediate people’s court as a sample, poses the establishment of and characteristics expert jury system of intellectual property rights in civil trial. The fourth part is about the reflection and perfection of China’s expert jury system of intellectual property rights in civil trial. This part researches on the reflection of the current expert jury system of intellectual property rights in civil trial, reveals some problems from the legislative level, as well as the reality. On the basis of the domestic and international study, according to the actual conditions in China, this part proposes the corresponding countermeasures. The author expects it would be benefit to promote fair and efficient trial of intellectual property cases.