Research On Technical Investigator System In Intellectual Property Litigation

The focus of adjudication in intellectual property litigation cases lies in the identification of technical facts,especially in intellectual property cases involving strong technical expertise,and the determination of technical facts will generally have a decisive effect on the outcome of the adjudication.Most of the judges in China come from legal education and lack technical expertise.Therefore,it is difficult for them to make technical factual determinations alone in technical cases because of their own cognitive limitations.It is necessary to establish a technical investigation officer system for intellectual property litigation to assist judges in the identification of technical facts in intellectual property litigation,to fill the lack of technical knowledge of judges,to ease the contradiction between the professionalism and complexity of intellectual property cases and the limitations of judges’ own knowledge,to improve the efficiency and quality of judicial decisions,and to save judicial resources.This thesis takes the current practice of the technical investigator system in intellectual property courts and tribunals as the starting point of the study.First,it compiles the basic theory of the technical investigator system and explains the formation,content and value of the technical investigator system.Second,by examining the current situation of the technical investigation officer system in China,problems are identified: unclear positioning,limitations in the scope of application,controversies regarding the disclosure of technical investigation opinions,and the lack of a binding mechanism.Third,using a comparative and reference approach,the system of technical investigation officers in representative countries or regions is studied and some ideas for reference are put forward.Fourth,in response to some of the problems in China’s technical investigator system,reference to extraterritorial experience,and put forward a path to improve.Specifically,including three aspects: first,clear positioning,clear technical investigator as a technical assistant to the judge’s status,clear technical investigator duties boundaries.Second,to expand the scope of application,the technical investigation officer is applicable to all intellectual property litigation cases,as well as to explore the application of the technical investigation officer system in civil mediation of intellectual property litigation.Third,establish a selective disclosure system for technical investigation opinions,define the nature of technical investigation opinions,and selectively disclose technical investigation opinions.Fourth,to impose constraints on technical investigation officers,including the establishment of a responsibility-sharing mechanism between technical investigation officers and judges,and the supervision of technical investigation officers.