Page 136 - 2017 White Paper

7 White Paper on the Business Environment in China
technical investigation review and made the first-instance
judgement that all the plaintiff’s claims were rejected.
The difference between technical investigation and
technical consultation is that the technical investigator
are trial support personnel who can participate in the
litigation procedure, especially the trial, but technical
consultation is the activity outside the court and the
opinion from technical consultant is only for reference.
The biggest difference between technical investigator
and technical expert is that the technical expert jury are
people’s assessors and members of the collegial bench
with the legal jurisdiction while the technical investigator
only can participate in the trial or auxiliary trial and attend also install high-definition projection equipment.
the discussion of the collegial bench but cannot vote in
collegial bench.
2. Intellectual Property Litigation System
Shanghai Intellectual Property Court actively
promotes the reform of Litigation System centered on
trial, including:
(1) setting up the pre-court session working
mechanism where pre-court session will be summoned
for part of cases which are difficult, complicated, and
require great attention, and cases for excluding illegal
evidence involving in criminal;
(2) working out Opinions about Excluding the Illegal
Evidence, and trying to exclude the illegal evidence
before the trial based on trial session and the relevant
evidence, clues, the proof of the prosecution of evidence
provided by the two sides;
(3) working out Opinions about Establishing the
Diversified Dispute Settlement Mechanism which
Links Up the Litigation and Non-Litigation (trial) and
Operation Rules of Litigation and Conciliation (trial),
and Cooperation Agreement of the Diversified Dispute
Settlement Mechanism which Links Up the Litigation
and Non-Litigation signed by eight professional social
mediation organizations including Shanghai Commercial
Mediation Center, so as to give a full play to the function
of mediation organizations, set up mediation evaluation
index, promote mediation organization to orderly
compete and effectively evaluate the cases, strengthen
the training and communication of mediation work and
fully stimulate the effectiveness of multiple solutions;
(4) opening the first remote platform for attorneys to
read the cases on trial around the nation and develop
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a real-time scan file software to achieve the function of
real-time scan, cross-reference and online-reference of
litigation materials. On this basis, relying on the Shanghai
Court attorney service platform, the attorney can refer to
the litigation materials of the case on trial, and thus solve
the difficulties the attorney has in reading the pending
case remotely and simultaneously; and
(5) strengthening the construction of scientific and
technological court and build up the first comprehensive
high-definition technological court equipped with
remote evidence demonstration function for remote
proofing, cross-examining and testifying. The court will
3. Operation Guidelines about Judicial Authentication
of Technology Fact Involving in Intellectual Property Civil
Lawsuit
Shanghai Intellectual Property Court deliberated
and passed Operation Guidelines about Judicial
Authentication ofTechnology Fact Involving in Intellectual
Property Civil Lawsuit. The operation guidelines have 15
articles in total and mainly clarify the conditions and scope
of judicial authentication for starting up authentication
of technology facts, appraisement examination, selection
of appraisal agencies, submission of identification of
material and other procedural matters. The court is
responsible to inform the appraisal institutions’ rights
and obligations will decide what the opinion will adopt
as evidence.
Beijing Intellectual Property Court
As the first specialized intellectual property court
established in China, Beijing Intellectual Property Court
has received a large number of technical cases involving
patents, technical secrets, computer software and other
types since its establishment. On October 22nd 2015, the
court formally established the technical investigation
room, actively exploring to improve the technical
investigator system.
1. The Technical Investigator
In 2016, the Beijing Intellectual Property Court has
25 technical investigators in total (including 8 exchange
technical investigators and 17 part-time technical
investigator), who were involved in 250 cases of technical
fact-finding work, including participating in court for
128 cases, participating in preservation and inspection