Strengthen intellectual property technology to support Sichuan implementation technical investigation officer system

Author:Tianfuji City Time:2022.08.19

On August 20th, the Provincial Market Supervision Bureau's Regulations on the Executive Officer of Technical Investigators Participated in Patent Infringement Disputes (Trial) "will be implemented. The "Regulations" aims to standardize the administrative ruling of technical investigators to participate in patent infringement disputes, promote the improving the quality and efficiency of the administrative ruling of patent infringement disputes, and help optimize our province's business environment.

The technical investigator system has been implemented in my country for nearly 8 years. Since 2014, the judicial system has begun implementation, and the effect is good. In June 2021, Sichuan was listed by the State Intellectual Property Office as a pilot province of demonstration construction in patent infringement disputes. Sichuan draws on the work experience of the technical investigation officer in Hubei, Shaanxi, Chongqing and other provinces (cities), and forms a "Regulations" in accordance with the actual decision work of Sichuan patent infringement disputes.

There are 20 "Provisions", which mainly include the definition of positions, job conditions, work responsibilities, rights and obligations, selection procedures, and personnel management of technical investigators. It is stipulated that the technical investigation officer is an auxiliary person in the administrative ruling, and can participate in the investigation and evidence collection, verbal review, the evaluation group evaluation, and the issuance of technical investigations in the administrative award of patent infringement disputes.

The technical investigator is an auxiliary person in the administrative ruling of patent infringement disputes and does not have voting rights to the results of the case. Technical investigators can provide consulting, issuing technical survey opinions, and other necessary technical assistance based on the appointment of administrative ruling to identify the technical facts of the case. Technical investigators can choose from professional and technical personnel in related fields such as colleges, scientific research institutions, enterprise institutions, and industry associations. The term of office is two years.

In the future, when the departments of the municipal -level management patent work in the province handle the administrative ruling of patent infringement disputes, they can apply to the Provincial Market Supervision Bureau (Intellectual Property Office) to apply for a technical investigator according to the case. (Intellectual Property Office) Apply for technical investigators from the list of national technical investigators.

Administrative ruling involves major, difficult, and complex technical issues. If technical investigators are difficult to decide, they can also hire relevant technical fields from the State Intellectual Property Office, colleges and universities, and scientific research institutions to provide consultation with experts equivalent to vice high titles.

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