Research On The System Of Technical Investigator In Intellectual Property Trial In China

Intellectual property keeps being developed rapidly by the ever-changing trend of science and technology.At the same time,disputes caused by intellectual property have gradually emerged.How to combine law and technology more comprehensively under the existing conditions,so as to achieve efficient investigation and identification of the technical facts involved in the case,is an important part of strengthening the trial of intellectual property cases.Most judges in China are of liberal arts background or legal background.Faced with the complex facts of science and technology,it is difficult to make scientific and accurate judgments independently.Therefore,in December 2014,the Supreme People's Court promulgated “the Interim Provisions on Several Issues Concerning the Participation of Technical Investigators in Litigation Activities of Intellectual Property Courts”(hereinafter referred to as “Interim Provisions”).On August 8,2017,the Supreme People's Court issued "Guiding Opinions on the Selection of Technical Investigators of Intellectual Property Courts(Trial)"(hereinafter referred to as "Guiding Opinions(Trial)"),which laid the foundation for the judicial practice of the technical investigator system.This research begins with introducing the background and process of establishing the technical investigator system from the perspective of historical background and practical needs,following by the interpretation and analysis of the "Interim Provisions" and "Guidance Opinions(Trial)",sorting out the designs and specific provisions of the the system of technology investigator,clarifying severals of conceptual contents.By interpreting the provisions,this research summarizes the characteristics and advantages of China's technical investigator system in the current regulations,emphasizing the necessity of continuing maintain and develop the system of technical investigator.Also,combined with the judicial practice since the establishment of the technical investigator system,several deficiencies in the system were found under the current framework.These deficiencies are not only confined to the system itself,but also include the deficiencies of some assistance around systems.As the system of technical investigators has been a fully developed system in some foreign countries,referring to the relevant legislation and judicial practice of these countries,as well as their experience and lessons from the operation of similar systems,drawing or avoiding these experience could provide useful reference for our system of technical investigators.Through the summary and comparative analysis of the foregoing,this research puts forward the ways to improve the system of technical investigators in China.The system of technical investigators has played an important role in the trial of intellectual property cases,and achieved the expected effect of system setting.However,the system of technical investigators is certainly not perfect in this early stage of system establishing.The "Interim Provisions" and "Guidance Opinions(Trial)" are not enough to provide a relatively comprehensive system,further improvement and refinement is necessary.Moreover,some disputes arising in the specific judicial practice should also be promptly responded to.Based on these problems,this research analyses and puts forward some suggestions for improvement.The perfection of any system can not be accomplish at one stroke,base ourselves on our own national conditions and learn from the successful experience of other countries,coulb bring the result that the system of technical investigators plays a greater role.