Research On The System Of Intellectual Property Adjudication Technology Investigator In China

With the rapid development of science and technology,the facts of disputes over intellectual property cases have become increasingly technical and professional.Judges lacking background in engineering have to resort to external forces in the trial of technical cases.Since 1991,the Supreme People's Court agreed that when people's courts try patent cases of first instance in the first instance,they can employ relevant technical experts in the technical fields involved in the case.As a juror,"China has established expert jury system,expert consultation system,judicial appraisal system,and expert assistant system." In recent years,with the proposal of China's innovative country's construction goals,the National People's Congress clearly pointed out that it is necessary to further strengthen the level of intellectual property protection,deepen the reform of intellectual property rights trials,and ensure the professionalization,high efficiency,and neutrality of intellectual property trials.To achieve this goal,on August 31,2014,the Standing Committee of the National People's Congress passed the "Decision on Establishing an Intellectual Property Court in Beijing,Shanghai,and Guangzhou".On December 31 of the same year,the Supreme People's Court promulgated the "About the Intellectual Property Court." The Interim Provisions on Certain Issues concerning the Participation of Technical Ombudsmen in Lawsuit Activities(hereinafter referred to as "Interim Provisions")signify the formal establishment of China's technical inquisitor system.The establishment of the technical investigation officer is to solve the shortage of judges' technical knowledge on the one hand,and on the other hand,it is to make up for the defects of the original technical fact finding system.This paper first briefly outlines the technical definition of intellectual property trials in terms of specific chapters,and analyzes the characteristics of the technology.It shows the necessity of the introduction of technical inquisitors in China.A brief introduction to the original system for identifying the four technical facts in Chinawas introduced.The defects in the trial of intellectual property rights were analyzed,and the advantage of neutrality,high efficiency,and convenience of the system of technical investigation officers was highlighted.The system of technical inquisitors in China has been tried for more than three years,and the feasibility of a technical inspector has been described through specific practices in the intellectual property courts of Beijing,Shanghai and Guangzhou.Second,the system of technical inquisitors in China draws on the system of technical examiners in Japan,South Korea,and Taiwan.This article will provide a detailed introduction to the system of technical review officers in the aforementioned countries and regions,and analyze the problems and experiences and lessons learned in the system of technical review officers,with a view to providing some references for the improvement of the system of technical inquisitors in China.Finally,on the basis of the foregoing analysis,this paper puts forward concrete ideas on the construction principles,litigation functions,and the selection management,and the participation of litigation procedures of the technical inquisitors in China,in order to make effective use of the system of technical inquisitors in intellectual property trials in China.The active role provides an academic reference.