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专家证人制度是我国知识产权诉讼中经常使用的一项证据制度。据学者考证,现代专家证人制度起源于欧洲,广泛应用于英美法系国家。①在我国知识产权诉讼中,专利行政、著作权纠纷等案件中经常会涉及技术性很强的专门问题。这些问题往往关系到案件事实的认定,在一定程度上决定着案件审理的走向,是法官必须要面对和审查清楚的关键事实。虽然知识产权法官精通法律和审判业务,有的还具备理工科的知识背景,
Expert witness system is an evidence system frequently used in the litigation of intellectual property in our country. According to scholar research, modern expert witness system originated in Europe, widely used in common law countries. ① In China’s IP litigation, patent administration and copyright disputes often involve specialized and technical issues. These issues are often related to the determination of the facts of the case, to a certain extent, determine the direction of the case is a judge must face and review clearly the key facts. Although intellectual property judges are well versed in law and trial business, some also have a knowledge background of science and engineering,