摘要
Abstract
[Research purpose]The technical investigation opinion is a professional opinion issued by technical investigators in response to technical issues.In China's intellectual property trials,from legislative perspective,technical investigation opinions are merely supporting opinions for determining the technical facts of cases and are not treated as evidence.However,in practice,technical investigation opinions have become the primary basis for determining the technical facts of cases,effectively functioning as evidence.[Research method]Disclosing technical investigation opinions is an inevitable requirement for judges to adhere to the principles of open and fair trials,an inevitable requirement for protecting the litigation rights and interests of the parties involved,and at the same time,an inevitable requirement for technical investigators to fulfill their responsibilities and establish the professional image.[Research conclusion]In terms of specific provisions,firstly,it is recommended that the contents of technical investigation opinions be universally disclosed.Secondly,the disclosure of technical investigation opinions should adopt a combined approach of in-court disclosure and post-trial delivery,with technical investigators being identified by name during the disclosure process.Finally,it is recommended to establish a normative framework for disclosing technical investigation opinions through amendments to judicial interpretations.关键词
技术调查官/技术调查意见/知识产权/法院审判/公开Key words
technical investigators/technical investigation opinions/intellectual property/court trials/disclosure分类
社会科学
