The Research Of Technical Researchers System In Intellectual Property Litigation

With reforming of intellectual property judicial system,after the establishment of intellectual property court in Beijing,Shanghai and Guangzhou,in order to find out technical facts in intellectual property cases,the Supreme Court issued the " Interim Provisions Concerning Technical Researchers Involving litigation in Intellectual Property Court "(referred to as" the Interim provisions" ")to formalize the technical researchers system in December 2014.Later on,the intellectual property court in Beijing,Shanghai and Guangzhou have established the technical researchers system.This paper will study technical researchers system from the following parts:The first chapter delimited the research background and significance,as well as the international and domestic review research,the pointed the problems in technical researchers system in China: technical researchers' elective conditions,elective method,management;the legal nature of the technical review comments;whether the technical review comments should be opened;the admission of technical review opinions;the coordination between technical researchers system and other technical identify systems.The second chapter discussed the problems mainly about the Role of the Ombudsman,firstly,exploring the identity position and duty requirements of technical researchers through interpreting the relevant provision of "Interim Provisions",then pointed out the shortcomings of the relevant provisions about elective,operational procedures and responsibilities;and studied relevant regulations and practices in Japan,Korea and Taiwan around these questions,as well as the theory and practice of discussion and proposal;and finally combining the judicial present situation in China,proposed solutions recommendations for improving elective,operational procedures and responsibilities.The third chapter studied the legal validity of the technical review comments mainly about the legal nature of technical review comments,content,public or not and admissibility issues;and studied the practices and discussion about these questions in Japan,Korea and Taiwan;Finally,combining the present situation,put forward recommendationsThe fourth chapter is about the coordination between technical researchers system and other technical identification systems,this paper introduced judicial appraisal system,the expert witness system,the origin of the expert jury system and the system of expert advice,and the relevant provisions of judicial practice situation,and compared the similarities and differences between technical researchers system,and these technical identification system;then put forward the suggestions of coordination above these technical identification systems,and established technical facts identify mechanism.