The Study On Expert Witness System In The Intellectual Property Litigation

With the continuous development of science and technology, the technical problems involved also increases in intellectual property cases, however, modern technology has narrowed the judge free judgment ability, the judge doesn’t deal with the complex technical dispute of intellectual property litigation, so they need to draw support from professional auxiliary to solve relevant technical problems. About how to judge, identify special issues involved in the case of Anglo-American law system is choice by the parties or court hire an expert witness, the continental law system is identified by the court to entrust an appraiser or institution. But our country is a “dual opinion people” system, especially entrust judicial authentication plays an important role in intellectual property cases, but some problems in the judicial practice, therefore, it is necessary to draw lessons from foreign related to perfect its system.Aiming at the plight of expert knowledge in intellectual property cases, firstly, this article will clarify the specific issues on the particularity of intellectual property litigation, Through intellectual property litigation technical problems can be divided into patent cases technical point covering problem, copyright works of case similarity, trademark cases of public awareness and other special cases related to intellectual property right problems such as the type, the proof system is expounded and the technical problems, experts to reveal intellectual property litigation truth and reinforcing the significance of intellectual property rights judge knowledge defects; Secondly, this paper mainely discuss the comprehensive investigation of expert’s qualifications and proof of expert evidence, etc, on the basis of intellectual property litigation of our country introducing the theory of the expert witness system of Anglo-American law system provides security; Finally, the article suggests the construction of intellectual property litigation expert witness system of our country, mainly analysis the expert witness system how to cooperate with the existing appraisal system in our country better, for solving special problems in the intellectual property cases.