Research On The System Of Technical Investigators In China’s Intellectual Property Court

Advances in science and technology can promote rapid economic development,and the prerequisite for continuous advancement in science and technology is continuous innovation.In order to encourage people to innovate and protect innovation,countries（regions） have improved laws and regulations to strengthen the judicial protection of intellectual property rights.Along with the increasing awareness of people’s rights,intellectual property disputes have shown a trend of spurt growth.Judges are therefore under tremendous pressure.On the one hand,the increase in the number of cases means an increase in the workload of judges;on the other hand,the technically strong nature of intellectual property cases makes judges fall into the dilemma of insufficient technical knowledge to identify technical facts.Therefore,the efficiency and fairness of the trial of intellectual property cases will inevitably be reduced.Based on this,China has established the system of technical investigators based on the mature experience of Japan,South Korea and China’s Taiwan region.The technical investigators can participate in litigation activities,provide necessary assistance to judges at the technical level,and improve the litigation efficiency and trial of intellectual property cases.Quality has an important meaning.This paper takes the background of the establishment of the system of technical investigators as the entry point,clarifies the significance of establishing the system of technical investigators in China,and compares the specific practice of China’s technical investigator system with the extraterritorial related system to further analyze the development of China’s technical investigator system.And improve suggestions.In addition to the introduction and conclusion,this article is divided into four parts:The first part mainly expounds the concept of technical investigator and the legislative value of the system in our judicial practice.It has similar effects to the technical investigators and the identification experts,expert assistants,expert jurors and technical consultants in civil litigation in China.The personnel conducted a comparative analysis to accurately define the status of the technical investigator.The second part mainly sorts out the current status and existing problems of the technical investigator system.Firstly,it introduces the legislative status of the technical investigator system.Secondly,it analyzes the current status of the technical investigator system from the perspective of the referee documents collected by the referee paper and the three intellectual property courts.Finally,based on the previous analysis,the technology is discussed.The problems of the investigator system include the unclear positioning of the technical investigators,the imperfect team building,the irregular application procedures,and the excessive dependence of the judges on the technical investigators.The third part is mainly about the investigation and reference of the extraterritorial technical investigator system,and introduces the Japanese court investigator and special committee system,the German technical judge system and the relevant content and operation status of the technical reviewer system in China’s Taiwan region.The analysis and evaluation of extraterritorial related systems provide a reference for the improvement of China’s technical investigator system.The fourth part mainly puts forward suggestions for the improvement of China’s technical investigator system in combination with judicial practice.It is pointed out that the selection type of China’s technical investigators should be based on the type of selection,the areas of selection should be comprehensively considered,and the scope of application should be expanded.The manners listed in the judgment documents should be standardized,and the technical review opinions produced should be selected disclosure.