Shanghai's Lin-gang Special Area has recently issued rules governing the neutral evaluation of intellectual property disputes, establishing neutral evaluation as an independent dispute resolution mechanism for the first time in China.

Drawing on international rules and practices, the framework incorporates widely recognized approaches to confidentiality obligations, recusal, procedural flexibility, and the formation of evaluation opinions.

It allows disputing parties to voluntarily request an evaluation from an independent panel of third-party professionals. Before formal litigation, administrative law enforcement, or arbitration, the panel reviews the dispute from multiple perspectives, including technical analysis, fact determination, damage assessment, and legal application, and issues a neutral evaluation within 30 working days.

Though not legally binding, it provides companies with an early, objective assessment of their disputes, enabling them to make informed decisions and protect their intellectual property more efficiently, professionally, and cost-effectively.

Next, Lin-gang will build a pool of neutral evaluation experts to provide comprehensive guidance on interpreting rules and implementing them. It will also strengthen collaboration with courts, arbitration institutions, and administrative authorities, integrating this pioneering mechanism into a full-chain IP protection framework.

Source: Lin-gang Special Area Administration