Research On The Mechanism Of Technical In Fact-finding Intellectual Property Litigation In China

The technical facts in intellectual property litigation refer to the technical issues in the key points of dispute in intellectual property cases,which can also be summarized as the technical elements of the object of dispute.The identification of technical facts has always been the core issue of intellectual property litigation,and the improvement of the means and methods of identification has also been an important part of the reform and construction of intellectual property litigation in recent years.With the continuous improvement of our country’s requirements for the professionalization of fact-finding in the trial of intellectual property cases,the technical investigating officers have generally become the basis of the local courts at present,the pattern of technical fact-finding coordinated by professional jury,expert consultation,expert assistant and judicial technical appraisal.However,due to the inherent shortcomings of various methods of identification and the lack of coordination among them,unavoidable contradictions and problems often arise.It is necessary to find out the technical facts in a standard,accurate and efficient way to improve the quality of the trial of intellectual property cases.Nowadays,all kinds of technical fact-finding methods have their rationality and superiority,and play an irreplaceable role in intellectual property litigation.However,each method of technical fact-finding still has its own problems,which leads to the judges not being able to use each method of fact-finding efficiently in intellectual property cases,it also makes all kinds of technical fact-finding mechanism unable to link up with each other reasonably and effectively,also lacks the complete system mechanism construction,affects the trial efficiency of the case.On the basis of our judicial practice of technical fact-finding,how to absorb the foreign advanced experience,and gradually improve various ways of technical fact-finding,and on this basis,it is worth exploring and studying to construct a set of mechanism of coordinating various ways of finding out,so as to improve the efficiency of technical fact-finding in intellectual property litigation.Through the analysis and research on the characteristics of the technical facts in the intellectual property litigation,it is found that all kinds of ways to ascertain the technical facts in our country have value conflicts or standardization problems which need to be solved urgently in the system design and practical operation.In order to perfect the system of technical fact-finding,we can construct the system of technical fact-finding centered on thetrial organization,and construct the complicated and simple triage mechanism based on the difficulty of technical fact-finding of cases,to explore ways to set up a professional team of technical judges,to improve the expert jury system,to carry out the specialized construction of the judicial team,and to take the role of the technical investigators as an assistant in the whole court trial process,improve the other ways of technical fact-finding and integrate the key systems that need to be connected with each other.On this basis,the hierarchy of effects of the various opinions identified and the prioritization of conclusions drawn from the way in which opinions are identified in cases where they are in conflict make the adoption of multiple opinions more orderly,so as to improve the judge’s judgment efficiency,improve the accuracy of intellectual property technology fact-finding,and efficiently solve the disputes of intellectual property litigation.