关键词: 鉴定人, 专家证人, 知识产权鉴定, 知识产权诉讼

Abstract: An appraiser in intellectual property litigation should be defined as judge assistant similar to expert witness. On his qualification authorization， “the appraisal right doctrine” should be the principle， whereas “the appraiser doctrine” is the exception. Both the litigants and court have the right to choose appraiser， however， the court can reject an unqualified appraiser chosen by litigants. The regulations about rights and duties of appraisers can be borrowed from the related rules on expert witness in Anglo-American law system， besides abiding by the current laws in our country. The appraiser conclusion should be verified through cross-examination， and the judge determines whether it can be adopted. The accountability system of appraiser should be established under the fault liability principle， and only when the appraiser has intentional misconduct or gross negligence can he be responsible for his wrong appraisal. 

Key words: Appraiser, Expert Witness, Intellectual Property Appraisal, Intellectual Property Litigation