On June 6, the seminar on "Discussion on Difficult Issues in Judicial Appraisal" jointly sponsored by the Intellectual Property and Technological Innovation Professional Group and the Criminal Professional Group of Dentons Beijing Head Office was successfully held in Dacheng Beijing Head Office.
In order to solve the difficult problems encountered in practical work and promote the healthy development of the industry, in this seminar, Shou Jingjing, deputy director of the consulting department of China Intellectual Property Research Association, director of Beijing Guowei Intellectual Property Appraisal and Evaluation Center, and senior intellectual property division, together with a number of Dacheng intellectual property and criminal lawyers, analyzed the current difficult problems and causes in the field of judicial appraisal. The development trend and innovative ideas of forensic technology were discussed.
Photo/Lawyer Wang Zhangwei
The seminar was chaired by Mr. Wang Zhangwei, senior partner of Dentons and head of the Intellectual Property and Technology Innovation Practice Group of the Beijing head office. Mr. Wang mentioned that in many cases, authentication plays a crucial role. Taking trade secret cases as an example, non-public knowledge appraisal and identity appraisal have become mandatory options for many cases, and to a large extent determine the success or failure of the case.
Photo/Director Shou Jingjing
Shou Jingjing, Deputy Director of the Consulting Department of the China Intellectual Property Research Association and Director of the Beijing Guowei Intellectual Property Appraisal and Evaluation Center, delivered a keynote speech on "Difficult and Complex Issues in the Practice of Trade Secret Identification". Director Shou elaborated on the common problems in the practice of judicial appraisal from four aspects: appraisal qualifications, appraisal matters, appraisal procedures, and current problems, and put forward practical suggestions for the problems mentioned and the current situation.
Photo/Lawyer Yu Xingquan
Mr. Yu Xingquan, senior partner of Dentons Law Offices and head of the criminal professional group of the Beijing head office, gave a speech entitled "Several Practical Issues in the Appraisal of Criminal Cases of Infringement of Trade Secrets", and explained the importance of judicial appraisal, the ethics of the actual inventor and the professional behavior, the dispute over the scope of appraisal and retrieval, whether the sample materials are included in the scope of cross-examination, the criteria for the court to initiate the appraisal, and the impact of the discovery of infringement civil litigation on the secret points of criminal cases.
Photo/Lawyer Wang Feng
Mr. Wang Feng, a senior partner at Dentons, shared the topic of "Appraisal Opinions on the Crime of Counterfeiting Registered Trademarks". Based on the innocence case of the crime of counterfeiting registered trademarks, Mr. Wang analyzed the important role of judicial appraisal in the verdict of the case, shared the problems existing in judicial appraisal in practice, and expounded the issues of evidence presentation, cross-examination, and identification of judicial appraisal from different perspectives of the prosecution, defense, and trial. Mr. Wang put forward his own suggestions on strengthening the professionalization of appraisal institutions, supporting appraisers to appear in court and persons with specialized knowledge appearing in court, strengthening the supervision of appraisal institutions and appraisers, and avoiding the use of appraisal as a substitute for trial.
Photo/Roundtable photo
After the theme sharing session, the meeting entered the roundtable session. The roundtable session was presided over by lawyer Xingquan. Mr. Shou Jingjing, Deputy Director of the Consulting Department of the China Intellectual Property Research Association and Director of the Beijing Guowei Intellectual Property Appraisal and Evaluation Center, Mr. Wang Zhangwei, Senior Partner, Mr. Wang Feng, Senior Partner, Mr. Li Xiang, Senior Partner, Mr. Cheng Yi, Senior Partner, Mr. Wang Xiaoyun, Consultant, and Ms. Song Yao, Consultant of Dentons, participated in the roundtable discussion as guests.
Director Shou Jingjing said that intellectual property appraisal can provide technical support for the public security department to deal with trade secret disputes, and at the same time, it can also serve the overall litigation strategy of lawyers and provide new ideas for solving problems.
Lawyer Wang Zhangwei introduced the different standards for filing criminal cases of trade secrets in Shenzhen, Jiangsu and other parts of the country, and the different determinations of appraisal opinions and expert opinions in different places, hoping that in the future, there will be a unified national standard for filing criminal cases of trade secrets.
Lawyer Wang Feng proposed to resolve intellectual property legal disputes from the perspective of criminal, civil and practical aspects, firmly establish the principle of procedural justice of judicial appraisal, strengthen internal exchanges and external cooperation between intellectual property, criminal and professional appraisal institutions, and give full play to the important role of lawyers, judicial appraisers and other professionals in judicial practice.
On the basis of Director Shou Jingjing's detailed introduction of the three characteristics of confidentiality, value and confidentiality of trade secrets, in the roundtable session, lawyer Li Xiang and Director Shou Jingjing further discussed the ownership of trade secrets in practice.
Lawyer Cheng Yi pointed out that litigation cases are currently involved in more and more scientific and technological professional and technical disputes, and the fields in which technical experts are involved have also begun to increase, and there is a competition for the understanding of professional scientific and technological knowledge in the legal field, which provides a new perspective and development opportunities for lawyers' business.
Consultant Wang Xiaoyun shared the different determinations of judicial appraisal from the perspectives of criminal and civil trials, as well as the limitations of many appraisals by the samples or samples themselves. At the same time, consultant Wang Xiaoyun further discussed with you the inability to draw a clear appraisal conclusion, the inability to identify due to the limitation of technical conditions in some writing time appraisals, and the inconsistent distribution of the relevant burden of proof.
Consultant Song Yao introduced the initiation of the appraisal procedure in intellectual property civil litigation, the court's review and decision on the necessity and possibility of appraisal, the cross-examination of samples in the appraisal procedure, the appearance of appraisers in court, the review and acceptance of appraisal opinions, etc., and reminded the legal risks of procedural illegality and flaws that are prone to occur in the appraisal process and the legal risks of appraisers breaking through the factual judgment to make legal judgments.