On Reconstruction Of Technical Investigation Officer System Of China’s Intellectual Property Rights In The Trial

December 2014 31 < the Supreme People’s court Interim Provisions on Several Issues concerning intellectual property court technique to investigate officer involved in litigation activities > officially released in mainland China, marking technique for investigating officer system in China was formally established. More in-depth experience in order to further understand the technique for investigating officer system. This system set purpose and significance, in this paper, the definition of technical investigation officer, nature, work responsibilities are discussed in detail, and from the third company sues the Baidu to patent infringement case of leads to the discussion of the intellectual property court technique to investigate the bureaucracy of a series of related issues.In October 20, 2015, three v. Baidu patent infringement case by Beijing intellectual property court formally filed is still further investigation. The case although not yet out, but we can be prospective to analyze the case. The case and so on, must be related to the technical problems, issues and these technical problems is likely to become the dispute. The key to solve the disputes, to avoid not found related to the technical facts, how to efficiently solve these problems, the high quality will become a problem we are concerned, at this time we are looking forward to have a relatively complete and effective system to solve this problem. Therefore, from three v. Baidu patent we can come to the establishment of infringement case investigation officer system of the necessity and urgency of the enlightenment. In the intellectual property litigation, very important A link is the technical review of the facts, technical review of the facts is not only related to whether the focus of the case dispute parties and judges, but also affects the accuracy and fairness of judicial judgment, thus affecting the credibility of the judiciary. Before the establishment of intellectual property court, China intellectual property litigation main technical facts to find out the mechanism has three kinds, namely judicial identification, expert assistant and expert jury. Through comparative analysis, we believe that this fact before several technical review mechanism has some disadvantages need our attention. For example, the judicial identification of the cost is too high, time-consuming is long; the expert assistant to participate in the proceedings will be affected by the time cannot call, time limit, to participate in the litigation to help eliminating confusion; the expert juror participation procedure is complicated, seriously affect the trial efficiency etc.. in addition, this paper also discussed the United States, Britain, Japan, South Korea, identification of Germany and Taiwan area of our country technology fact, and with our professional technology for examination of facts to deal with the problem of the setting of the technology to be the most changeful survey by comparison of degree system, it can be seen that the technical facts about outside to identify the system set on China’s technical investigation officer system settings have a certain significance. Through summarizing the experience from similar techniques in fact review system of extraterritorial lessons, combined with China’s judicial practice experience and lessons, the final investigation officer system in China intellectual property court system in China mainland. The birth of technology the investigating officer has a strong professional, efficient, good coordination characteristics, but the establishment of the new system after all is not mature enough, there will be some shortcomings, such as technical investigation officer selection standard of technology is not clear. The investigating officer involved in intellectual property litigation activities of the procedures are not standardized, the technical investigation officer training mechanism is not perfect. Therefore, this paper puts forward the corresponding improvement measures, the innovative planning of technology of China’s intellectual property trial investigation officer system, mainly on the technical investigation officer selection criteria themselves view of the election procedure and technical investigation officer involved in the case of intellectual property trial procedures set is put forward. Finally the author proposed the cultivation of reserve technical investigation officer, strengthening the force of our technical officer, to make up for the deficiencies of the existing technical investigation system. The preliminary assumption is the author of the training mechanism of reserve technology investigation officer. Mainly expounds the selection problem and the late management reserve technical investigation officer. The reserve officer selection technique to investigate the scope, the form of the selection, qualification and routine duties etc. Do preliminary planning, and the reserve officer technology management department, proposed management methods.In a word, in the face of the protection of intellectual property rights, protection should continue to explore the new protection system, setting a new look, encountered in the adjudication of intellectual property issues with new perspective and innovative thinking to explore solutions, not content with staying where one is stalled, and also can not blindly follow the copy, but to the system has the characteristics of China explore actively, seek the most appropriate ways to solve the problem. The establishment of China’s intellectual property court investigation officer system should be response and call, should be in the practice of general lessons, continuous exploration, continuous improvement, innovation, the technical investigation officer system to fully play its role fully reflect its value, and makes it possible to truly promote judicial justice, to better serve the judicial practice in China.