Recently, the Shanghai Intellectual Property Judicial Appraisal Center was established in Shanghai Intellectual Property Park. From now on, enterprises with intellectual property disputes can request professional judicial appraisal in Shanghai so as to predict the prospect of litigation, lower litigation risk and cost and thus resolve right disputes. Besides, a special hot line is also assigned for this purpose.
The specific items for intellectual property judicial appraisal are:
1. Whether the product alleged for infringement belongs to prior art, and whether the technical features thereof are identical or equal to those of the patentee;
2. Whether the technology or design of one party has identical or equal technical features to those of the patentee;
3. Estimate of novelty, inventiveness of the new product, new technology or new design;
4. Legal and effective estimate of intellectual property rights already gained;
5. Whether the trademark in use is identical or similar to the trademark priorly registered by the right holder;
6. Whether the work is substantially similar to the work of which the patentee owns copyright;
7. Whether the computer software of one party is substantially similar to the computer software for which the patentee has obtained legal or regulatory protection;
8. Whether the object of technology transfer contract contains substantial defect, or whether it conforms to regulations of contract;
9. Whether the failure of enforcement of technology development contract belongs to risk responsibility;
10. Whether the enforcement results of technology consulting, technology service and other technology contacts conform to the regulations of contracts;
11. Whether the technology information and management information of one party constitute trade secret;
12. Whether the technology information of one party is identical to other’s trade secret;
13. Intangible assets evaluation of intellectual property and evaluation of loss caused for the patentee via acts of intellectual property right infringement;
14. Other specialized technology issues involved in intellectual property right disputes.