Analysis On The Position And Use Mode Of Intellectual Property Trial Technology Investigation Officer In China

The identification of technical facts is extremely important in intellectual property litigation.The introduction of the technology investigator system has injected new vitality into the identification of technical facts in China's intellectual property trials.This article analyzes the system of technical investigator from the perspective of the appointment and use mode of technical investigator.This article is divided into two main lines to discuss the mode and use mode of the technology investigator.The appointment mode is aimed at the selection of the technology investigator,and the use mode is aimed at the application of the technology investigator system.The current tenure model includes four types of editing,hiring,communication,and part-time,but judging from the judicial practice of the three major intellectual property courts and intellectual property courts in selecting the mode of appointment of the technical investigator,these four forms are not restricted.With regard to the use mode,technical investigators have achieved full participation in litigation activities,can be used in conjunction with other technical fact-finding mechanisms,and have enabled lower and higher courts to share the technology investigator system to assist judicial trials.Although the application of the technical investigator system has been fruitful,in the use of the technical investigator,there are still problems such as improper connection with other technical fact-finding mechanisms,excessive reliance on technical investigation opinions by judges,and transfer of judicial adjudication rights,which should be stipulated in the system.In practice,we will reshape the mode and use mode of the technical investigator,and construct a technical fact-finding system led by the technical investigator system to adapt to the development of China's judicial practice.