The Research On Technical Investigation Officer System Construction Of Chinese Intellectual Property Trial

In judicial practice, most intellectual property cases involve technical problem in the trial,its professional and complexity is beyond the scope of the general public to understand. The limitation of the trial judge in the technical field lead to the problem of that the technical facts of the intellectual property cases is difficult to find out is increasingly prominent. In order to solve this problem, our country introduces technical investigation officer in the intellectual property litigation. On December 31, 2014, the Supreme People's Court in our country promulgated The provisional rules about several issues in Intellectual property court Technical investigation officer's participation in litigation activity. The introduction of this system is to make up for the lack of judge's technical knowledge, by assisting intellectual property trial judge to identify the technical facts of the case, improve the objectivity, neutrality, and impartiality of the technical facts in the trial of intellectual property.According to the interim provisions, the intellectual property courts in our country are equipped with technical investigation officer, and these officer are mainly in the form of part-time or dispatching communication. Subsequently, the technical investigation officer is arranged to participate in the trial of intellectual property, to help the judge find out case facts.This paper first expounds the status of the technical investigation officer participating in the trial of intellectual property, analysis of its positive effect and some problems. Thus, it could provide a reference for the technical investigation officer system construction.Before introducing technical investigation officer system in China, it finds out technical facts mainly through judicial authentication, expert auxiliary people, technical expert jury,technical expert consulting in the intellectual property trial. This paper respectively to introduce and analyze the limitations of this four kinds of ways in the trial of intellectual property. And try to analyze the necessity of introducing technical officer from the external environment of intellectual property trial.At the same time, most of intellectual property rights cases related to technical issues, which called technical intellectual property cases. This paper also emphatically discussed the definition of the technical intellectual property case, it's the case need technical facts-finding out. And characteristics of the technical intellectual property case is also analyzed, it has technology, universality, complexity and update. These characteristics have decided that the trial of intellectual property need the judicial organization technology intelligence self. The introduction of the technical investigation officer can realize the judicial organization technical intelligence self.In addition, some countries and regions outside, in view of the judge's lack of technicalknowledge and being difficult to find out the technical facts, have taken a different approach in order to realize the judicial organization technology "self", then established and developed a relatively mature system. Such as technical investigation officer system and professional committee system in Japan, South Korea and Taiwan of China have established technical review officer system, German judge with professional technical background, British technology of jurors,America's professional judge, judge's technical assistant and expert jury system. On the basis of introducing these systems, this article will discuss its on our country's local portability and analyze our country can draw lessons from.At last, on the basis of the foregoing analysis, this paper put forward to the specific ideas on the principles of the construction of the technical investigation officer system, and the technical investigation officer's lawsuit function, selection and management, the participation proceedings and so on. These ideas about the construction of the technical investigation officer system are just for academic reference.