技术调查官制度
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最高检:首批60名技术调查官上岗,有力提升知产办案质效
Xin Lang Cai Jing· 2026-02-24 10:04
2月24日,最高检知识产权检察厅副厅长刘太宗做客最高检厅长访谈时表示,知识产权案件的一个突出 特点就是专业性、技术性比较强,往往涉及复杂精深的技术问题,客观上存在一定"技术壁垒"。最高检 积极推动技术调查官制度的司法实践,为办案提供专业支撑。 刘太宗介绍,2025年1月,最高检为有效解决办理知识产权案件中遇到的技术难题,建立了技术调查官 制度,聘请了首批60名技术调查官,涵盖机械、化学、生物、医学、电子通信等诸多领域。 刘太宗指出,过去一年里,技术调查官在最高检和各地检察机关办理的涉及发明专利、商业秘密、植物 新品种、计算机软件等疑难复杂案件中,提供专业审查意见。同时,最高检指导各地检察机关,建立健 全技术调查官、特邀检察官助理、专家论证等辅助办案制度,提升办理复杂技术案件的能力。 刘太宗还提到,各地检察机关在建立和运用技术调查官制度工作中,加强与行政机关、人民法院沟通以 及跨区域检察协作,最大化发挥制度作用,节约司法资源。例如,京津冀检察机关建立技术调查官共享 机制,推动跨区域共享。天津市检察院在办理一起侵犯商业秘密刑事案件中,委托北京市检察院技术调 查官审查机械结构等领域专业问题。北京市检察院在办理某医药 ...
“让技术说得准、争议审得透”
Xin Lang Cai Jing· 2026-01-07 22:24
Core Viewpoint - The establishment and development of the technical investigator system at the Beijing Intellectual Property Court have significantly improved the efficiency and accuracy of technical fact-finding in complex technology-related legal cases, particularly in the context of emerging technologies like artificial intelligence [1][2][4]. Group 1: Technical Investigator System - The Beijing Intellectual Property Court has appointed 306 technical investigators over the past ten years, who have participated in over 4,500 technical cases and provided more than 3,000 technical investigation opinions [1]. - The technical investigators come from diverse professional backgrounds, with 83% holding graduate degrees and 40% holding doctoral degrees, averaging 15 years of relevant technical research experience [2]. - The court has implemented a dual-track operation model that allows technical investigators to participate in both civil and administrative patent cases, enhancing the consistency and stability of technical fact recognition [3]. Group 2: Impact on Legal Proceedings - The involvement of technical investigators has expedited the resolution of disputes, as demonstrated in a patent infringement case involving environmental equipment, where a key component was identified through thorough investigation [2][3]. - The court has achieved a "100%" rate of immediate post-hearing deliberation and submission of technical investigation opinions within one week, indicating improved resource allocation efficiency [3]. - The average duration for handling technical cases has been reduced by nearly 25% due to the contributions of technical investigators [3][4]. Group 3: Future Directions - The court aims to further enhance the application of the technical fact-finding mechanism and integrate the work of technical investigators into the overall judicial process to support technological innovation [4]. - Continuous improvement of the technical investigator system is seen as a crucial support for enhancing the ability to clarify technical facts and improving the quality of judicial decisions [4].
发挥调查官作用 办好技术类案件
Ren Min Ri Bao· 2025-09-17 22:22
Core Viewpoint - The article discusses the role of technical investigators in resolving complex intellectual property disputes, particularly in the technology sector, highlighting their contribution to clarifying technical facts and facilitating legal proceedings [1][3]. Group 1: Case Study - A case involving two technology companies, A Technology Company and B Technology Company, illustrates the challenges of mutual lawsuits over intellectual property, particularly in the autonomous driving sector [2]. - A Technology Company, a leading player in autonomous driving, sued B Technology Company for allegedly infringing on its core algorithms and software, while B Technology Company counter-sued, claiming malicious litigation [2]. Group 2: Role of Technical Investigators - Technical investigators played a crucial role in clarifying technical facts, enabling targeted discussions between the parties, and fostering cooperation in the autonomous driving industry [3]. - The involvement of technical investigators has improved the precision of legal rulings in complex technical cases, with a significant increase in the number of technical cases resolved by the Beijing Intellectual Property Court, from 1,430 cases in 2016 to 4,524 cases in 2024, marking a 216% increase [3]. Group 3: Innovations in Technical Investigation - The Beijing Intellectual Property Court has explored a "dual technical investigator" model for major or interdisciplinary cases to enhance the accuracy of technical fact-finding [3]. - A new mechanism for technical investigators has been established, allowing for different levels of involvement based on the complexity of the case, including simple consultations and active participation in litigation [3]. Group 4: Professional Development of Technical Investigators - The court has formed an expert committee comprising 14 academicians to guide the technical investigation process and ensure the professional capability of technical investigators [4]. - Over 300 technical investigators have been appointed, covering various professional fields and participating in over 4,300 cases, with ongoing efforts to enhance their legal knowledge and operational skills [4].
北京知识产权法院深化总结创新 提升审判质效——发挥调查官作用 办好技术类案件
Ren Min Ri Bao· 2025-09-17 22:03
Core Viewpoint - The article discusses the role of technical investigators in resolving complex intellectual property disputes, particularly in the technology sector, highlighting a case involving two competing companies in the autonomous driving field [1][2]. Group 1: Case Overview - Beijing A Technology Company, a leading player in autonomous driving, sued B Technology Company for allegedly infringing on its core algorithms and software [1]. - B Technology Company counter-sued, claiming A Technology's lawsuit was malicious, initiated at a critical financing time [1]. - The complexity of the case required a clear identification of technical disputes, necessitating the involvement of neutral technical investigators [1]. Group 2: Role of Technical Investigators - Technical investigators assisted in clarifying technical facts, enabling targeted discussions between the parties [2]. - Their involvement helped transform complex technical facts into clear legal facts, enhancing the precision of judicial decisions [2]. - The presence of technical investigators has led to a significant increase in the number of resolved technical cases, with annual case closures rising from 1,430 in 2016 to 4,524 in 2024, a 216% increase [2]. Group 3: Innovations in Technical Investigation - The Beijing Intellectual Property Court has explored a "dual technical investigator" model for major or interdisciplinary cases to improve accuracy in fact-finding [3]. - A mechanism for "simplified and complex" participation of technical investigators has been established, allowing for tailored involvement based on case complexity [3]. - The court has formed an expert committee comprising academicians to enhance the professional capacity of technical investigators [3]. Group 4: Future Directions - The Beijing Intellectual Property Court plans to continue refining the operation of the technical investigator system to improve the quality and efficiency of adjudicating technical cases [4].