Research on the Appraiser System in Intellectual Property Litigation
Zhao Ping · Zhongguo sifa jianding · 2011
An appraiser in intellectual property litigation should be defined as judge assistant similar to expert witness.On his qualification authorization,the appraisal right doctrine should be principle,whereas the appraiser doctrine is exception.Both litigants and court have right to choose appraiser,however,the court can reject an unqualified appraiser chosen by litigants.The regulations about rights and duties of appraisers can be borrowed from related rules on expert witness in Anglo-American law system,besides abiding by current laws in our country.The appraiser conclusion should be verified through cross-examination,and judge determines whether it can be adopted.The accountability system of appraiser should be established under fault liability principle,and only when appraiser has intentional misconduct or gross negligence can he be responsible for his wrong appraisal.