There is a strong regional demand for the establishment of a technical investigator system designed to administratively protect the intellectual property rights.

The CNIPA Office has recently released the Notice (Guozhiban Fabaozi No. 17 [2021]), promulgating the Several Provisions on Technical Investigator’s Participation in Administrative Adjudication of Patent and Integrated Circuit Layout Design Infringement Disputes (Provisional), effective from the date of promulgation on May 7, 2021.

The Provisions are designed to regulate technical investigators’ participation in administrative adjudication of intellectual property infringement disputes. The CNIPA and local patent administrative departments dealing with patent or integrated circuit layout design infringement disputes may appoint technical investigators to participate in the administrative adjudication activities.

The Provisions assign the technical investigators a role of auxiliary personnel in administrative adjudication, who do not have the right to vote on the outcome of a collegiate case. As so appointed, the administrative adjudicators act to provide consultation, present technical investigation opinions or conclusions, and provide other necessary technical assistance in ascertaining technical facts in a case. The specific duties of a technical investigator include those in the following seven aspects, such as providing opinions and suggestions on the focus of technical facts and on the scope, order and methods of investigation; participating in investigation and collecting evidence; attending inquiries and oral hearings; presenting technical investigation opinions or conclusions; assisting in organizing appraisers and related technicians to put forward opinions; participating in relevant collegiate meetings as non-voting attendees; and carrying on other related work.

The Provisions make it clear that technical investigators can be selected from technical personnel in related fields in patent offices, industry associations, universities, scientific research institutes, enterprises, and institutions. The technical investigation opinions, independently produced and signed by technical investigators, will not be made public. The technical investigation opinions put forward by them shall be used as reference for the collegiate panel to determine technical facts. The collegiate panel shall be responsible for the determination of technical facts under the law.

The Provisions also specify that technical investigators’ participation in the administrative adjudication shall be informed to the interested parties, and the technical investigators shall abide by the provisions on avoidance and confidentiality, and other provisions of the adjudication-related administrative laws and regulations.

The CNIPA will organize the work on recommendation of the first batch of technical investigators for administrative protection of intellectual property rights as prescribed in the Provisions, create and amplify a directory of national intellectual property technical investigators, organize and offer relevant training, and assign technical investigators in related fields to participate in administrative adjudication as needed to resolve patent and integrated circuit layout design infringement disputes.