Research On The Operation Mechanism Of Intellectual Property Technology Investigator

The intellectual property technology investigator system aims to assist judges to find out technical facts.It has achieved remarkable results since its operation in China for seven years,but many problems are still exposed in judicial practice.The imperfect and inconsistent management mechanism,the too rough norms of participation in litigation,and the non disclosure of technical investigation opinions directly affect the professionalism,neutrality and openness of the technical investigator system,and then affect the fair participation of technical investigators in litigation.Therefore,it is necessary to establish a systematic and perfect operation mechanism of technical investigators to provide reference for judicial practice and judicial reform.The specific solutions are as follows:First,improve the management mechanism of technical investigators based on professionalism.Comprehensively strengthen the management functions of the technical investigation office in the selection,training,promotion and supervision of technical investigators.A full-time senior technical investigation officer independently prepared shall be specially assigned as the director and deputy director of the technical investigation office,and shall be fully responsible for the management of the technical investigation officer and the review of the technical investigation opinions.Establish a mixed employment mode,take the technical investigation room as the management core,allocate a full-time director of the technical investigation room,select on-the-job,appointment and exchange technical investigators to work full-time in the court,and employ a large number of part-time technical investigators to deal with cases for the court in the form of part-time.Build a diversified supervision system combining technical investigation room,internal supervision of the court and external supervision of the court.Second,improve the litigation participation mechanism of technical investigators based on neutrality.Regulate the objects of technical investigation,and the technical investigator can apply the law in the process of investigating technical facts.Allow the parties to apply for the use of technical investigators.To improve the norms of non court trial,the technical investigator shall study the technical scheme clearly and make a work plan for the methods and steps of evidence preservation or on-site inspection in advance.When participating in the court trial,the technical investigator shall first explain the technical dispute focus sorted out before the court to all parties,and then ask the prepared technical questions to all parties one by one.After asking questions,he shall carefully listen to and record the statements and opinions of all parties.The third is to build an open mechanism of technical investigation opinions based on openness.Technical investigation opinions should be defined as the open reference materials of the court,which can not only help to protect the parties’ right to know and debate,avoid raiding the judgment,but also play an effective role in supervising the technical investigator.The technical investigation opinions shall be fully disclosed in due time.The disclosure time can be selected after the court trial and before the collegial panel.The main body of the disclosure is the collegial panel,and the disclosure method is mainly in writing.After disclosing the technical investigation opinions to the parties,the parties shall be given the opportunity to state their opinions within the specified time limit and the technical investigation officer shall further revise the technical investigation opinions.