Technical Fact Finding Mechanism Research

The identification of technical facts is the core element in the civil action of intellectual property.The technological facts of intellectual property cases mainly refer to the technological elements of the objects of intellectual property protection,such as the technologies involved in typical patent cases.The connotation of intellectual property rights have a wide range,and perplexing judge only based on technology,the case facts identified,can be applied to relevant laws and regulations of the ruling,so in the intellectual property civil litigation,finding out the fact is a technology has been the focus and difficulty of the region outside the trial in this type of cases.Along with our country intellectual property rights civil trial specialization deepening,since 2014,China's Beijing,Shanghai and Guangzhou have established specialized intellectual property court,technical investigation officer first used in the trial,by the end of 2017,China's intellectual property rights around the court and the court of the intellectual property division of intellectual property cases in the trial.The construction technology of judges,technical investigation officer,technical expert consultation,expert jury,judicial expertise,expert assistant and other technical fact finding method and system.However,in practice,there are some defects in these ways or means and corresponding systems,such as personal experiences in technical expert consultation,the absence of expert jurors and so on.Moreover,the lack of coordination in the application of certain methods in the process of identification results in the low efficiency of litigation and the lack of the value of intellectual property protection.In this paper,through the analysis of several research methods,after the inspection of current technical methods and system in fact-finding defects,author suggests to further improve the technical fact-finding mechanism on the base of a variety of technical facts identify operating methods,to build the object for the technical facts classification mechanism and then finally in order to find one mode suitable for a variety of technical coordination fact-finding.So that we may save judicial resources,and improve the identification efficiency,on this basis,so that the trial can be quickly and impartially judged.The main contents of this paper can be divided into four parts.In the second chapter,we can clearly understand the connotations and distinguish features of technical facts through sorting out the basic contents of technical facts in intellectual property civil litigation.In the third chapter,through the analysis of the legislation and judicial practice concerning the identification methods and systems of technological facts in China,we summarize the existing problems in the identification of technological facts in China's intellectual property rights civil litigation.In the fourth chapter,we review the ways and modes of identifying technical facts in civil litigation of civil law system and Anglo American law system.After the comparison,we may draw lessons from their useful experiences to perfect our country's technology fact-finding mechanism.In the last chapter,the author suggests that in the current judicial resources,the reasonable application of various technologies fact-finding would be carried out,and we'd better improve the technical fact-finding system,to creat simplified construction technology in shunt out mode,and one mode of experts discussion before court will be another choice.in order to further improve the technical fact-finding mechanism,we will try out to do more jobs to make an effective solution to create and improve fact-finding mechanism to solve technical problems occurred among intellectual property civil litigation.