Research On The System Of Technical Investigator In Intellectual Property Litigation

Intellectual property has the characteristics of invisibility,exclusiveness,timeliness and regionality of the object.Therefore,most of the technical issues in intellectual property cases are more professional and complex,and judges lack technical knowledge,so it is difficult to identify the technical facts.Although the previous methods of identifying technical facts in intellectual property cases include technical appraisal system,expert auxiliary system,expert consulting system and expert jury system,they still can not meet the needs of the trial of cases.In order to further improve the scientificity,professional and neutrality of technical fact finding,at the end of 2014,the Supreme People’s Court established the system of technical investigators by formulating the Interim Provisions on Several Questions Concerning the Participation of Technical Investigators in Litigation Activities of Intellectual Property Courts.And,on April 26,2019,the Supreme Court announced the latest "Several Provisions of the Supreme People’s Court on the Participation of Technical Investigators in Intellectual Property Cases" 。Based on the experience gained from the pilot work of the Technical Investigators System implemented by the Intellectual Property Courts of Beijing,Shanghai and Guangzhou in recent years,the Supreme Court made more detailed contents on the previous provisions,but this provision does not involve the training technical investigators,limitations in the field of technology,follow-up accountability and systematic provisions of the review opinion supervision mechanism.In view of this,it is necessary to analyze the existing methods of identifying technical facts and the current situation of the technical investigators in China.Besides,by understanding the overseas selection standards of technical investigation officers,the validity determination of technical review opinions and the legislative status and judicial experience of their personnel allocation,it is concluded that the standards for the construction of technical investigation officers in China should be constructed,and the professional degree and level of the technical field should be mastered to provide professional security.At the same time,from the technical ombudsman personnel configuration,technical review moderate public opinion and supervision,and find out the way with other technical facts links up the ombudsman system consummates our country from the perspectives of technology.