On The Perfection Of The Technical Facts Finding In The Civil Litigation Of Intellectual Property Rights

The dispute of intellectual property rights has the characteristics of long trial period and great difficulty in hearing,and the judge is prone to fall into the mire of the identification of technical facts.With the help of expert identification,expert consultation,expert assistants,and intellectual property identification,the problem of judges in finding technical facts is solved to a certain extent.With the development of intellectual property economy,intellectual property disputes are frequent.The technical problems involved are more complex and difficult,which further aggravates the burden of judges to identify technological facts.In order to adapt to the development of the times,we need to improve the scientificity,neutrality and professionalism of the technology fact finding in the civil litigation of intellectual property rights,and the technology investigation officer system arises at the historic moment.Every technical fact finding system has its rationality and superiority,and it plays an irreplaceable role in the civil litigation of intellectual property.The identification of technical facts requires the cooperation between the parties and the judges.In the reform of China's civil procedure,the right of the parties to speak is guaranteed,and the statement of the parties' technical facts is emphasized by the court,which promotes the identification of the technical facts.However,in the civil litigation of intellectual property,there are still problems in the identification of technical facts,and the judges can not go out of the predicament of the technical facts.It is the purpose of this paper to absorb foreign advanced experience and improve the identification of technological facts based on the judicial practice of identifying technological facts in China.It covers more than 36000 words,the structure of this paper is mainly divided into the following four parts:The first part: the judicial practice of the identification of intellectual property technology in China.This part first defines the fact finding of intellectual property technology and analyzes its value.On this basis,we examine the fact finding of intellectual property rights in China's transition from the adversary system to the litigation mode,and examine the fact finding system in practice.The statement of the parties has been paid attention to,and the system of technical fact finding has its own system value and assists the judge to find out the technical facts.The second part: the problems in the identification of intellectual property technology.On the premise of affirming the judicial practice of the fact finding of intellectual property technology in China,this part points out the outstanding problems that exist at present.The main problem is to raise evidence and to find out the problems in the operation of the system.These problems restrict the efficiency of the technical fact finding and need to be improved.The third part: the evaluation of the extraterritorial system of the facts of the intellectual property technology.This part introduces the system design of the Anglo American legal system and the continental law system to find out the technical facts.After the analysis of these systems,in order to provide reference and thinking for the improvement of the relevant system in China.The fourth part: the perfect path of the fact finding of the intellectual property technology.This part first distinguishes the technical and legal problems of intellectual property technology,which is necessary to improve the identification of technical facts.After that,we should improve the identification of technical facts in three aspects.The first is the reasonable configuration of the burden of proof,the reality of the situation to ease the difficulty of collecting evidence;second is to improve the technology of factfinding diversified mechanism,absorbing foreign advanced experience,combined with the existing judicial practice in our country;finally,construct the fact of intellectual property coordination system to identify technology.