关键词:

技术调查官, 技术调查意见, 技术事实查明, 知识产权诉讼

Abstract: The system of technical investigator is an important system to find out technical facts in the trial of intellectual property cases. According to the instructions of  judges,  technical investigators participate in the whole process of litigation and give technical investigation opinions on technical facts. Due to the limitation of the current provisions in China, there are many problems in the application of technical investigation opinions in judicial practice, such as the unclear definition of the scope of application, whether the procedure is open and the specific application methods. In order to effectively regulate the specific application of technical investigation opinions, combined with China’s legal norms, judicial practice and foreign experience, it should be made clear that the application scope of technical investigation opinion can include factual issues and some legal issues. The responsibility mechanism of technical investigators should be constructed according to the requirements of the principle of judicial responsibility, and on this basis, the content of technical investigation opinions should be moderately open. At the same time, in order to maximize the auxiliary effect of the technical investigator system to the judges, the specific application of technical investigation opinions in the judgment can be diversified.

Key words:

technical investigator, technical investigation opinion, technical fact finding, intellectual property litigation