The Research Of The System Of Technical Investigation Officials In Patent Trial In China

Intellectual property litigation,especially the technical problems involved in different fields in patent cases,requires a technical facts ascertaining mechanism that can maximize the value of judicial efficiency and justice.The system of technical investigation officials is introduced from abroad in response to this requirement.However,it is a question to consider how the system of extraterritorial transplantation can adapt to and grow healthily in the soil of the local intellectual property judicial trial.Through the analysis of the foreign system of technical investigation officials,this paper analyzes the legal status of the extraterritorial technical investigation officials,the legal nature of the technical investigation report,the disclosure of the report,the influence of the report on the the judge's heart evidence,whether it will become a "shadow judge",the qualification conditions for the election of the officials and the mode of service,and combined with the provisions of the system and the problems in the operation process,and then put forward corresponding countermeasures.This paper holds that the investigation officials as a judicial assistant,the report should be the internal reference document and should not be opened in principle.In our country,the investigation officials can not be the shadow judge under the judicial environment.The qualification conditions for the standardization of the election are carried out from the function and value of the system,and make clear the way of taking office as the main form,part-time and employment modes as a supplement.Meanwhile,it is suggested that the system of technical investigation officials should cooperate with other technical facts ascertaining mechanism and make joint efforts with each other to enhance the ascertainment of technical facts.