Research On The System Of Technical Investigator In Intellectual Property Trial

Intellectual property cases are usually intertwined with legal issues and technical issues,and the key to hearing intellectual property cases lies in the identification of technical facts.When judges rely on their own strength to solve all technical problems,they often use traditional technical facts to identify means.Traditional technical identification methods are vulnerable to external factors due to lack of institutional constraints,resulting in the identification of technical facts.There may be a bias.In December 2014,the technical investigator system came into being with the Intellectual Property Court.Its purpose was to assist judges in identifying technical facts in technical cases and provide technical support for judges to hear cases.Compared with traditional methods of fact finding,the technical investigator system has obvious professional advantages in understanding,grasping and understanding technical problems.Therefore,the technical investigators' professional advantages in solving technical problems are fully utilized,and their contact technology is further developed.The role of experts and the interpretation of technical facts undoubtedly has greater practical significance.Since the technical investigator system has been in operation for more than three years in China,it has improved the trial efficiency of intellectual property cases while adapting to the specialization needs of intellectual property cases.Because the technical investigators are limited by the actual national conditions and institutional reasons,there are still many problems in the judicial practice,which still needs to be improved.This paper is divided into four parts to discuss the technical investigator system in the IPR trial:The first part summarizes the system of technical investigators in China's intellectual property trials.First of all,the analysis of the technical investigator system in China has established the need to meet the surge in intellectual property cases,improve the efficiency of intellectual property cases,and to help judges clarify the focus of case disputes and ensure the independence of trials.Secondly,it briefly introduces the scope of application of the technical investigator,specific responsibilities and methods of selection.The second part mainly introduces the operation and problems of the technical investigator system.For the overall situation of the technical investigator's operation,the specific functions of the technical investigators in judicial practice are mainly analyzed through the Supreme People's Court Guiding Case No.84 and the search samples of non-litigation cases.At present,China's technical investigators still have problems in the judicial practice,such as unclear positioning,unclear participation in specific litigation activities,single mode of selection,and doubts about the issuance of technical review opinions.The third part mainly introduces the relevant extraterritorial regulations and the reference significance to China for the above problems.It mainly introduces the German judge system,the Japanese technical investigator system,the technical review officer system in South Korea and Taiwan,and how to solve the above-mentioned judicial practice problems.Through comparative study,it can be used as a reference for improving China's technical investigator system.significance.The fourth part puts forward specific suggestions for improvement in the judicial practice.Through the comparative analysis of the relevant systems outside the domain,we put forward our own suggestions to ensure the clear positioning,improve the rules of activities,establish a technical investigation collegiate system,increase the selection method and multi-party linkage technology investigation system,and improve the technical investigation officer system in China.