Research On The System Of Technical Researcher In Chinese Intellectual Property Trails

With the development of science and technology as well as the progress of society,the types of rights of intellectual property have been expanded constantly.Technical facts which are the technical elements protected by rights are usually forward-looking,professional and complex,and the ascertainment of technical facts is the key point in the trial of intellectual property rights.Judges get fair judgement and maintain the justice value of law by the basis of ascertaining the technical facts.Judges in charge of cases regarding intellectual property lack of professional educational background for technical problems.In order to solve the technical shortcomings of intellectual property judges,China established system of technical investigation officer in 2014 to provide technical support to judges as juridical assistants.This paper takes the current situation of the technical investigation officer system in Beishangguang intellectual property court as the entry point for the research.Firstly,this paper summarized the concept,characteristics and functions of technical investigation officer system.Secondly,the current situation of China's technical investigation officer system is analysed.The related juridical interpretation stipulates the technical investigator officer system's juridical status,management of selection and appointment system,duty and responsibility,etc,but they are not fully applied in all Beishangguang intellectual property courts.Next,this paper expounds the representative methods of national and regional technical investigation system.China should select and apply them based on specific realities of the country.Lastly,the paper summarizes the existing problems of China's technical investigation officer system and gives suggestions for improvement.Firstly,in terms of the management of selection and appointment,a talent pool of technical investigation officers should be established,and the term of office should be defined.The selection criteria can be referred from the regulations in Japan,the requirements of qualifications should be specified according to different educational background,research level and experience.Secondly,make clear the legal status of the technical investigator in different trial procedures.In the first instance procedure,the technical investigator is the "expert assistant" of the judge.In the second instance procedure,the technical investigator is similar to the people's assessor in the seven person collegial panel and has the factual trial right.Third,establish the flexible attendance system of technical investigators in intellectual property cases.According to the complexity of the case,the procedure offirst instance is flexible to attend as a nonvoting delegate;in the procedure of second instance,the collegial panel of three person system and five person system has two technical investigators.Fourthly,the investigation opinions should be classified into“should be disclosed”,“can be disclosed”,“can be disclosed partially” to ensure the credibility of the investigation opinions.