The Construction Of Technical Investigation Official

The "Several Regulations on Technology Investigators' Participation in Litigation Activities in Intellectual Property Cases" issued by the Supreme People's Court a few days ago is a new system that has been continuously explored in practice and is an important measure for the reform of intellectual property courts in China.Technical Ombudsman refers to the court staff who undertakes the responsibility of investigating and researching technical problems in complex intellectual property litigation.Specifically speaking,it refers to using its professional knowledge background in the field of science and technology to help judges understand technical facts in the process of intellectual property cases.Auxiliary judicial personnel are appointed when the judge feels it necessary to participate in the investigation and evidence collection and court trial activities on the technical facts of the case,and independently put forward technical investigation opinions for the judge to refer to when hearing the case and making a judgment.The technology investigator system is a new exploration of China's intellectual property technology fact finding mechanism.The establishment of the technology investigator system will be combined with the traditional intellectual property case investigation mechanism to build a five-in-one technology fact finding system with a view to further Solve the difficult problem of intellectual property technology fact finding.This article is mainly divided into three parts,focusing on the construction of the technical investigator system,and discussing the improvement of the technical fact finding system:The first part introduces the path of technical investigation of traditional intellectual property cases in China.The common technical fact finding methods in the civil litigation of intellectual property rights in our country include forensic identification,expert assistants,technical consultants,and expert jurors.This section discusses the conceptual significance,background,legislative situation,past problems,etc.of each technical fact finding method vertically;at the same time,each method is compared horizontally with the newly established technical investigator method.Analyze the advantages of the technical investigator system.As well as examining the legislative model of the intellectual property litigation technology facts of the civil law countries and Taiwan in China,the system settings of different countries are compared and summarized.Finally,on the basis of China's national conditions,with reference to the benefits,the possibility of system transplantation is discussed to optimize the design of China's intellectual property technology adjustment system.The second part elaborated on the "Some Provisions on the Technical Investigator's Participation in Litigation Activities in Intellectual Property Cases" issued by the Supreme People's Court in March 2019.Starting from the legislative background of the technical investigator system,it was analyzed in order based on the legal regulations The technical investigator's positioning,scope of application,work function,legal nature of technical review opinions,etc.,comprehensively analyzed the "Some Provisions on the Technical Investigator's Participation in Litigation Activities in Intellectual Property Cases",and summarized the technical investigator system's The significance in practice.The third part is based on the analysis of the technical investigator system,based on procedural law and practice,and conducts a comprehensive classification discussion on the status and problems of the technical investigator system and puts forward suggestions on improving China's intellectual property technology investigator system.First,uniformly stipulate the qualifications and specific configuration of technical investigators.Second,moderately broaden the scope of participation of China's technical investigators and give full play to its advantages.Third,taking into account both trial efficiency and trial quality,appropriate disclosure of technical investigation opinions to protect litigants' rights to litigation.Finally,it puts forward suggestions for improvement from the perspective of system construction,and selects different methods of technical investigation according to the difficulty of intellectual property litigation.