Abstract:

Expert assistance in intellectual property cases has become a systematic practice in litigations. As there are some problems in the practice and legislation, we put forward some proposals about establishing the expert assistance system in intellectual property cases through analyzing the status of practice and legislation in China, as well as the expert assistance system in intellectual property cases in foreign countries. We also put forward some suggestions for the application of the expert assistance system in intellectual property cases, including the assistance of providing advice, appearing in court and acting as juror, so as to resolve intellectual property cases fairly and scientifically.

Key words: intellectual property cases, appraiser, expert witness, expert assistance system

摘要：

知识产权案件专家协助已成为诉讼实践一种制度，因其实践和立法存在一些问题，需要对我国的现状进行反思以及对域外知识产权案件专家协助制度与实践的考察、评价。构建我国知识产权案件专家协助制度，即解决知识产权纠纷的专家咨询协助制度、专家出庭协助制度和专家陪审协助制度，旨在为公正、科学地处理知识产权案件提供一些建议。

关键词: 知识产权案件, 鉴定人, 专家证人, 专家协助制度