COMPARATIVE ANALYSIS ON TECHNICAL FACT-FINDING MECHANISMS IN CHINESE INTELLECTUAL PROPERTY LITIGATION: REVIEW AND PROSPECT
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Keywords:
technical fact-finding mechanism, intellectual property litigation, technical investigator, advancementAbstract
To ascertain technical facts is not only an important step in the IP litigation, but a difficult issue in judicial practice as well. The aim of this paper is to explore the theory and practice of the technical fact-finding mechanisms (TFFMs) in different jurisdictions and then provides suggestions to improve such mechanism in China. It begins by providing a brief historical trend of the TFFM in China, and then proceeds to discuss the current status of the mechanism in this country.After providing an overview of the TFFMs in a global scale and comparing the practices in Japan, Korea and Taiwan, it concludes by providing five suggestions to improve the TFFM in China, namely: adjusting the number and composition of the TIs; disclosing technical reports to parties on conditions; providing career planning and refresher training for TIs; establishing the reserve technical investigator pools; establishing multi-lateral cooperating TFFM.
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