First Technical Investigator Assists at Beijing Hearing

First Technical Investigator Assists at Beijing Hearing

2015/10/29

The Beijing Intellectual Property Court had a technical investigator participate in a hearing for thefirst time on Thursday.
The investigator, Peng Xiaoqi, works at the Beijing Patent Examination Cooperation Center ofthe State Intellectual Property Office, according to Beijing Daily.
Peng said, "Our main responsibility is to help judges tackle technically questionable points andclear away technical obstacles in the hearing."
She was among the first 37 technical investigators that the Beijing IP court nominated the sameday.
According to insiders, although judges at the Beijing IP court are capable of handling legalissues, technical problems such as circuit diagrams and mechanical structures are challengesfor them due to a lack of specific technical knowledge.
Yi Jun, an official at the Beijing IP court, said the contending parties used to employ experts tohelp them clarify related opinions or the judges would consult privately with researchers andtechnicians from related fields.
Both methods for handling technical issues affect impartiality of the hearings, according to Yi.
He said, "Technical investigators can solve bottleneck problems in trials of technical cases."
The investigators take part in hearings and can ask the parties involved technical questions tofind the focus of disputes and, based on their expertise, give judges advice on technicalexaminations.
However, Yi said, the investigators are judicial ancillary personnel and are not involved in rulings.
The first 37 technical investigators appointed by the Beijing IP court are professionals fromorganizations including government agencies and universities. They work in the fields ofphotoelectricity, communications, medicine, biochemistry, materials, machinery and computers.
The court also nominated 27 technical experts to make up a committee that technicalinvestigators can consult about technical problems that are hard to solve.
Insiders said experience in Japan, South Korea and Taiwan suggests the technical investigatorsystem is helpful for better hearings of IP cases. It is significant to develop such a system on theChinese mainland together with other mechanisms for determining technical facts, includingforensic identification and consultation with experts, to ensure justice and high efficiency ofhearings.
The Beijing IP court was set up on Nov 6, 2014, as China's first professional organization forhearing IP cases.

Source: China Daily




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