Research On The System Of Technical Investigation In Chinese Intellectual Property Trial

The judicial practice of intellectual property is one of the newest tributaries in China’s rolling judicial practice,which is closely related to the rapid development of science and technology.The rapid development of science and technology provides the soil for the development of intellectual property rights on the one hand,on the other hand also reiterated the trial of intellectual property rights problem,namely how to implement the efficient combination of law and technology,implementation of the technology involved in fact identified and recognized.Jurisprudential background judges are often limited by the lack of knowledge of science and engineering,and can not independently make impartial and accurate judgment on the increasingly complicated technical cases.Technology ombudsman system to assist the trial judge,gaps existing technology fact find out the mechanism can,therefore,the most developed technology ombudsman system in our country,the relevant provisions of the technical ombudsman began to walk into the public eye.Technology at present,our country ombudsman system issued by the supreme people’s court on the intellectual property rights courts technology the interim provisions on some issues of ombudsman to participate in the activities of litigation and the intellectual property rights courts technology ombudsman selection work guidance(trial)",intellectual property around the court and the court.However,for the selection and management of the technical investigation system,the relevant provisions need to be refined.This paper from the technical ombudsman system of law philosophy connotation and function,this paper analyzed step by step the justification of the system of intellectual property trial ombudsman to introduce technology and the necessity,illustrates the technical ombudsman system contains the value of theory and practice.Than in the civil law of Germany,Japan and South Korea,the United States and Britain of Anglo-American law system and our country Taiwan area technical fact find out the mechanism of legislation and practice,with the localization of the intellectual property system design thinking to explore the reengineering technology ombudsman system.In this paper,the author examines and thinks about the value and significance of the system of "Mobai" bicycle patent infringement.In this paper,the author makes a practical investigation on the system of technical investigation in China,and enumerates the existing laws and regulations of China’s technical investigation system.The technical investigation officer system has been running for three years,can it meet the reality demand of intellectual property trial in our country?Can we adapt to the development of The Times and the tide of judicial reform?Based on the judicial authority and impartiality of the trial,analysis technology was introduced into our country intellectual property rights courts and intellectual property court ombudsman examples,the article discusses technique ombudsman system existing problem in our country,and the technical improvement of the system of ombudsman to the path of thought.In the end,the article sets out the detailed design of China’s technical investigation system,and elaborates the reconstruction and reconstruction of the technical investigation system.Technical improvement of the system of ombudsman should break through the shackles of traditional thinking and enhance the cohesion and coordination of relevant supporting measures,establish the typical technical case guidance system,make full use of the technology that find out the system combination,optimizing the trial of intellectual property system.To be the booster of judicial reform,to realize the coordination and connection between the judicial practice of intellectual property and judicial reform.