SELECTION AND ADMINISTRATION SYSTEM OF TECHNICAL INVESTIGATORS IN CHINESE INTELLECTUAL PROPERTY LITIGATION: A COMPARATIVE ANALYSIS
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https://doi.org/10.55662/Keywords:
technical investigator, selection and administration system, intellectual property trial, technical factsAbstract
The technical investigator system has been applied in China as an important step to ascertain technical facts in the intellectual property trials. This paper, by making comparison of the relevant provisions and the judicial practices of Guangzhou and Beijing IP Courts, digs out the current selection and administration issues of technical investigators in China: inconsistency of selection criteria, insufficiency of the number of technical investigators on duty, imperfection of the administration system and the ranks and performance evaluation, as well as the difficulty to insure the competency, neutrality and transparency of the technical investigators. And then it analyzes the practices in Japan, Korea, Taiwan and German and takes them as references to put forward seven suggestions to improve the technical investigator system in China, namely: establishing the unified selection criteria; disclosing the conditions and procedures for appointment; specifying their types and tenure; unifying and refining the recusal system; providing career planning and refresher training; strengthening the daily work management and regular assessment and establishing the reserve technical investigator pools.
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Copyright © 2026 by Chonghan Hu, Zhaoxia Deng
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