Research On Subjects Of Intellectual Property Rights Of Forensic Sciences

Intellectual property litigation cases are often accompanied by a high degree of professionalism and complexity.The focus of the controversy involved is usually beyond the cutting-edge science and technology what general people can grasp.If these technical issues can't be fully professional identificated and described,they will lead to litigation difficult.It can be seen that the judicial identification of intellectual property rights plays an important role in the trial of intellectual property litigation,and the three main categories of intellectual property forensic experts,appraisers,expert assistants and emerging technology investigators play a very important role in the judicial appraisal of intellectual property rights.Firstly,this paper starts from the concept of judicial subject identification of intellectual property,and analyzes its specific role in the judicial appraisal of intellectual property rights and the connection and difference between them.Secondly,it summarizes some problems existing in the actual operation of the three main systems of intellectual property,such as the scarcity of talent in the judicial forensic appraisal,the disjunction of the management and use of the accreditation body,the lack of neutral and objective expert assistance,the functional orientation of the technical investigation officer.It is not clear that the existence of these problems seriously restricts the proper function of intellectual property forensic.Thirdly,according to the above-mentioned problems,the author compares the subject system of forensic judicial forensics and the subject system of judicial forensics in China,and makes a comprehensive study of the relevant provisions of Anglo-American law system and civil law countries.And finally put forward to improve China's intellectual property judicial system of the main body of the proposal,such as a variety of ways to develop intellectual property forensic talent,the establishment of intellectual property judicial identification community.To promote the construction of intellectual property forensic institutions to the level of industry capacity,the establishment of a unified management system of accreditation agencies,experts in the judicial forensic identification of the relevant rights and obligations and responsibilities,clear technical investigators in intellectual property litigation should bear the forensic Function.It is hoped that the relevant elaboration of this paper will be helpful to the application of judicial forensic in China.