Guangzhou Intellectual Property Court: Nearly Half of Invention Patent Cases Introduced Technical Investigator

In order to solve the difficulties in the identification and determination of technical facts in the trial of intellectual property cases, the Guangzhou Intellectual Property Court explored the system of technical investigators. Since the establishment of the system, technical investigators have participated in 44.9% of the Court’s invention patent cases, involving many well-known companies such as Huawei, Gree, Apple, and Samsung.

 

In 2019, the Supreme People's Court issued regulations stated that People's Courts that hear technical intellectual property cases would implement a technical investigator system. In the first half of this year, Guangzhou Intellectual Property Court further clarified the types and scope of cases involving technical investigators. It requires technical investigators to participate in litigation activities to provide assistance regarding the cases involving inventions, new plant varieties, integrated circuit layout designs, technical secrets, computer software code comparisons, etc., where technical disputes are the focus.

 

Zou Xiangqiu, director of the Technical Investigation Office of the Guangzhou Intellectual Property Court, said that at present, the Court adopts the model of "technical investigator + technical consultant + consulting expert". Two-thirds of the technical problems are resolved through the technical investigators prepared by the Court; technical consultants participate in the remaining technical problems with their unique professional advantages; expert consultation is only introduced for particularly significant, difficult and complicated cases.

 

Guangzhou Intellectual Property Court released ten major technical investigation cases during the Meeting, and made detailed review on key issues such as technical investigation methods and understanding of technical identification rules during the trial. The cases covered multiple professional fields, such as computers, chemical engineering, and mechanical engineering.