Research On The System Of Technical Investigators

Intellectual property is a civil subject of creative intelligence achievement rights in accordance with the law,which covers the traditional rights includes copyright,patent and trademark right,it's extension is still expanding,at the same time,the <World Intellectual Property Organization Convention> and the <Trade-related intellectual property agreements >has enriched the scope of intellectual property.Intellectual property rights as an independent right,which has the characteristics of the object of the non physical,proprietary,temporal and regional.Intellectual property cases are generally associated with a particular field of the most forward-looking technical achievements,highly specialized,to sum up the focus of controversy in the case,you need to have the relevant professional knowledge.The characteristics of intellectual property cases are intertwined with legal issues and technical problems.The judgment of technical problems is related to the fact finding and the application of law.Only by understanding the key points of the technology can the judges find out the facts of the law and finally make the correct decisions.Previously,the lack of effective ways to solve the technical problems of our country's intellectual property rights in the trial,the judges with higher legal knowledge and lack of specific professional background,so the introduction of the technical investigation officer system in the trial of professional technical strength in the case of its professional advantage and to find out the facts of technology.In the practice,intellectual property court has carried on the exploration to the intellectual property rights lawsuit in the technical investigation officer system,and continuously improve in practice.This article is divided into four parts to discuss the system of technical investigators:The first part is an overview of the investigation officer system.This paper expounds the concept and characteristics of technical investigation officer system,and assisted with experts in civil procedure law,expert witness,appraiser,expert juror compared to highlight the value and significance of the introduction of the technical investigation officer system.The second part is the analysis of the current situation and problems of technical investigation officer system.August 31,2014,Beijing,Shanghai,Guangzhou established the intellectual property court,to the end of 2014,the "technical investigation officer system" was introduced into China in the judicial interpretation of the level,open the practice of technicalinvestigation officer system in intellectual property litigation,courts have made corresponding attempt in practice.In China's first supreme court appointed technical investigation officer involved in litigation Lilly and Changzhou Wahson company,leads to the system there are still some problems in practice.For example,the lack of clear selection procedures,management system,legal liability system,and there are some practices in practice are not the same,did not achieve a unified application.The third part of the paper briefly describes the provisions of extraterritorial countries and China's Taiwan region,as well as the inspection and evaluation.Introduces the different role of Japan,Germany,South Korea and Taiwan region of China's intellectual property litigation system characteristics and technical investigation officer in the development,China should also recognize the introduction of other countries and regions have different legal background,and also in the system of continuous improvement,our country should the beneficial part can be used for reference and learning.The fourth part is the suggestions to improve the technical investigation officer system.According to the requirements on the system of foreign countries and China's Taiwan region,the reflection on comparative analysis,from China's specific national conditions,mainly from the selection,clear technical investigation officer system cohesion,risk aversion,and put forward some thinking and suggestions in view of the full range of litigation.