Research On Expert Assistant System In Intellectual Property Litigation

In the field of intellectual property litigation,most of the disputes involved are highly professional and technical.In most cases,both the judges and the parties are in a relatively "intellectual blind spot" in the relevant technical fields.In this context,it is very necessary to properly introduce expert opinions to help them understand and determine the facts of the case.Especially in a variety of cases,it is impossible for judges to be proficient in all kinds of cases.Only being proficient in law can not solve all kinds of practical problems.Article 82 of the Civil Procedure Law and articles 122 and 123 of the Interpretation of the Supreme People’s Court on the Application of the Civil Procedure Law of the People’s Republic of China(hereinafter referred to as the Interpretation of the Civil Procedure Law)issued in 2022 clarify the opinions of expert assistants on professional issues,which can be regarded as statements of the parties.This provision first ends the debate between the academic and practical circles about whether the expert assistant is the witness or the representative of the parties.Article 83 of the Decision of the Supreme People’s Court on Amending the Provisions on Several Issues Concerning Evidence in Civil Proceedings(hereinafter referred to as the " Several provisions on evidence in civil proceedings"),which was implemented in May 2020,also specifies the procedure for the expert assistant to participate in the trial activities and expands the scope of the expert assistant’s litigation activities.However,in the field of intellectual property,due to the strong professionalism of most of the evidence,there are still many problems in legislation and practical operation,so that in the field of intellectual property,the importance and acceptance of expert assistants are not high.Therefore,in order to give full play to the role of expert assistants in litigation activities in the field of intellectual property,it is necessary to study their litigation status,rights and obligations,rules of admissibility and applicable systems.This paper mainly analyzes the application of expert assistant system in intellectual property litigation.With the development of the times and the progress of science and technology,intellectual property cases have produced many new situations and changes.Under this background,few people have analyzed the application of this system in intellectual property litigation.This paper finds problems in judicial practice,uses case analysis to study the application of the expert assistant system in the field of intellectual property in China,and discusses the measures to improve the system.It is necessary to study the system of rights and obligations of expert assistants,the rules of admissibility of expert assistants’ opinions in court,and the operation supporting mechanism of expert assistants’ system from the perspective of systematization and on the basis of clarifying the position and position of expert assistants.The expert assistant can enhance the cross-examination ability of the parties,help the judge understand the case and fill the knowledge gap of the parties,so that the judge can get rid of the shackles of professional knowledge and make a fair decision on the basis of finding out the case.From the judicial practice in recent years,we can see that there are many problems in the judicial appraisal of intellectual property,mainly including: the court has too much trust in the appraisal opinions,the scope of identification is limited,difficult to be effectively cross-examined.The expert assistant system can help to review the loopholes and deficiencies in the appraisal opinions and enhance the analysis of the professional problems.However,there is a serious gap in China’s law at present.The provisions on expert assistants are very general,and the overly broad provisions in the law directly lead to operational difficulties in judicial practice.This paper analyzes,summarizes and studies the problems in the application of the expert assistant system in intellectual property litigation in China,and further clarifies the direction of improvement of the system,which is conducive to the better development of the expert assistant system.