Research On The System Of Intellectual Property Technical Investigator In China

With the development of modern science and technology,intellectual property disputes are increasing.As most intellectual property cases involve professional and technical knowledge,it brings certain challenges to the judges.Technical investigators who are proficient in professional and technical issues are involved in the analysis and judgment of case facts,so the system of technical investigators has a preliminary prototype.At present,China has clearly stipulated the system of technical investigators,but there are still some problems,such as unclear regulations on the selection and personnel attributes of technical investigators,unreasonable regulations on the non disclosure of technical review opinions,nonstandard procedural rules for technical investigators to participate in litigation activities,lack of operability of resource sharing mechanism of technical investigators,and insufficient connection with other technical fact finding mechanisms Reasonable.In addition to the preface and conclusion,the article is divided into four parts.The first part is the overview of the system of technical investigators.This paper mainly expounds the concept of technical investigator,analyzes the function of the technical investigator and the superiority of the system of the technical investigator.The function of the technical investigator is to help the judge understand and overcome the technical problems in the case.Its advantages include three aspects:Objective neutrality,relative stability,convenience and efficiency.The second part is the analysis of the current situation of the technical investigator system in China.This paper analyzes the legislative status,judicial status and the shortcomings of the technical investigator system.Its shortcomings mainly include that the selection of technical investigators and personnel attributes are not clear,the provisions on the non disclosure of technical review opinions are not reasonable,and the procedural rules for technical investigators to participate in litigation activities are not standardized.The third part is the comparative analysis of foreign technical fact finding system.This part mainly analyzes the technical fact finding mechanism of the main countries of the civil law system,its appointment mode and specific application,and summarizes its reference to China’s technical investigator system.The fourth part is the improvement of the system of technical investigator in China.It is proposed that the full-time technical investigators should be increased in China,and the full-time technical investigators should drive the investigation work of part-time technical investigators;it is proposed that the technical review opinions,as the basis for judges to make decisions,can affect the final trial results,so the technical review opinions should be made public;it is proposed that the resource sharing mechanism of technical investigators should be optimized,and the effectiveness of technical review opinions should be confirmed to be higher than that of experts Help others and other technical facts to find out opinions.