Research On The Disclosure Mechanism Of Technical Investigation Opinions In Intellectual Property Litigation

With the development of science and technology and the refinement of social division of labor,various technologies have become more specialized.In the field of intellectual property litigation,technology is getting more complex,and the determination of technical facts related to it challenges the traditional trial mode.Since judges are professionals with legal skills,they often have fewer reserves of technical knowledge related to intellectual property rights,which makes it difficult to determine technical facts.In response to this problem,China has introduced a system of technical investigators.However,in judicial practice,technical investigation opinions are not made public.This phenomenon is contrary to the concept of judicial openness.It damages the credibility of the judiciary to a certain extent.There is also the possibility of raiding judgments,and it also infringes the legal rights and interests of the parties in the litigation.When the acceptance rate of technical investigation opinions remains high,if the content of the technical survey opinions is not disclosed to the public,it is impossible to effectively supervise them.This has laid a major hidden danger for the long-term development of the system.After weighing the pros and cons,the call for publicity became louder.However,the disclosure of technical investigation opinions should not be made public for the sake of disclosure,but should consider the purpose and expected effects of the disclosure.It should be guided by the principles of appropriate disclosure,timely disclosure and efficiency,and continuously establish a three-level disclosure mechanism for technical investigation opinion during and after the trial,before and after the judgment.And start with the establishment of my country’s technical investigation opinion disclosure mechanism by promoting the construction of the court’s information disclosure platform and constructing realistic paths such as technical investigation opinions online.