The Application Of Expert Assistants System In Intellectual Property Litigation

With the social division of labor,the degree of specialization in various fields of social life has become higher and higher,and litigation activities have also shown this trend.Judges sometimes have difficulty hearing highly specialized cases,especially in intellectual property litigation.In the context of the Internet,intellectual property litigation presents new features and faces new difficulties.Therefore,the application of expert assistant is increasingly important for intellectual property litigation.The importance of expert assisting person's position and rules of court appearance is also highlighted in practice.How to make expert assisting person's system better play a role in intellectual property lawsuit is of great significance.On the basis of comparative analysis and reference to the relevant systems of the two major legal systems,it can be clarified that the position of the expert assisting person in China's intellectual property litigation needs to be balanced and guaranteed,and the rules for the expert assisting person to appear in court need to be further constructed.We will improve the system of rights,obligations and responsibilities of expert assistants.The first part of the thesis is the meaning analysis of the intellectual property litigation and expert assistant.This part discusses the connotation of expert helper and intellectual property lawsuit in civil lawsuit respectively,and then further analyzes the connotation of expert helper in intellectual property lawsuit.The second part of the thesis is the practical problems of the application of expert helper in intellectual property litigation.Through the analysis of the necessity and possibility of applying the expert helper in the intellectual property lawsuit,the problems of the application of the expert helper in the intellectual property lawsuit are further raised.The third part of the thesis is the analysis and reference of related systems inside and outside the domain.This part analyzes the expert witness system and expert jury system of Anglo-American law system,the German technical judge system,the relevant system of Japan and other relevant systems of China to discuss the advantages of applying expert assistants in intellectual property rights litigation.The last part of the thesis is the perfection of the application of expert assistant in the intellectual property litigation in China.This part further proposes how to improve the application of the expert assistant in the intellectual property lawsuit by discussing the identification and position of the expert assistant in the intellectual property lawsuit.