Research On The System Of Technical Researcher In Chinese Intellectual Property Trails

Intellectual property cases have strong professional knowledge,the issue of technology is usually intertwined with the issue of law.To correctly apply the law,the premise is to give the review of technical facts.However the majority of judges do not have relevant academic background.At present,there are judicial expertise,expert assessor,expert consultation and expert jury as the ways to find out facts of technology in our country.Supreme People's Court issued “Interim Provisions about some problems of the participation of technical researchers in intellectual property cases”In our country,the technical researcher systems mainly learned from Japanese technical researcher,German technology the judge and Taiwan's technical researcher.There are many aspects to improve and perfect,because this is the first to set up the technical researcher system in our country.The stipulations of Japan,Germany and Taiwan is mature,so we study these stipulations to improve and perfect our systems.Both technical researcher system and other systems are same aims at helping judge find out the facts of technology,however these systems have many of different aspects,the relationship of these systems deserve to research.To find out the defects of our technical researcher systems,then combining experience of other countries (regions) and juridical practice of three specialized Intellectual Property Court,finally providing feasible technical researcher system,all contents mentioned above are emphasis of thesis.