Premier Li Qiang of the State Council recently signed a State Council Order to promulgate the State Council Provisions on Handling Foreign-Related Intellectual Property Disputes (hereinafter referred to as the "Provisions"), which shall come into effect on May 1, 2025. The full text is as follows:
Article 1 These Provisions are formulated to strengthen intellectual property protection, promote lawful handling of foreign-related intellectual property disputes by citizens and organizations, safeguard the legitimate rights and interests of citizens and organizations, advance high-level opening-up, and drive high-quality economic development.
Article 2 Departments under the State Council responsible for the administration of intellectual property rights such as trademarks, patents, and copyrights (hereinafter referred to as "intellectual property authorities"), as well as commerce authorities, shall strengthen guidance and services for citizens and organizations in handling foreign-related intellectual property disputes. Other relevant departments of the State Council shall perform related duties in accordance with their respective responsibilities.
Relevant departments of the State Council shall enhance coordination and information sharing to jointly advance the handling of foreign-related intellectual property disputes.
Article 3 Local people's governments at or above the county level and their relevant departments shall perform duties related to handling foreign-related intellectual property disputes in accordance with local conditions.
Article 4 The State Council intellectual property authorities, commerce authorities, judicial administrative departments, and other relevant departments shall promptly collect and publish information on foreign intellectual property legal systems in accordance with their duties, improve the public service system for intellectual property information, and provide public inquiry services for foreign intellectual property information.
Article 5 The State Council intellectual property authorities and commerce authorities shall strengthen monitoring of key changes in foreign intellectual property legal systems, conduct case studies of typical disputes, issue timely risk alerts, and provide early warnings on foreign-related intellectual property matters.
Article 6 The State Council intellectual property authorities and commerce authorities shall improve guidance mechanisms and procedures for handling foreign-related intellectual property disputes to provide citizens and organizations with response guidance and rights protection assistance.
Article 7 Commercial mediation organizations and arbitration institutions are encouraged to participate in resolving foreign-related intellectual property disputes, providing efficient and convenient pathways for citizens and organizations. Citizens and organizations are encouraged to resolve such disputes through negotiation, mediation, arbitration, or other expedited means.
The State Council judicial administrative departments shall strengthen guidance on mediation and arbitration of foreign-related intellectual property disputes.
Article 8 Law firms and intellectual property service agencies are encouraged to enhance their foreign-related intellectual property service capabilities, establish overseas offices through branches or partnerships, and provide high-quality services to citizens and organizations.
The State Council judicial administrative departments and intellectual property authorities, in conjunction with relevant departments, shall create conditions to support such entities in strengthening foreign-related intellectual property services.
Article 9 Enterprises are supported in establishing mutual aid funds for foreign-related intellectual property protection. Insurance institutions are encouraged to develop market-oriented intellectual property insurance services to reduce enterprises' rights protection costs.
Article 10 Chambers of commerce, industry associations, cross-border e-commerce platforms, and other organizations are encouraged to establish foreign-related intellectual property rights protection assistance platforms, open service hotlines, and provide consulting, training, and other public services.
Article 11 Enterprises shall strengthen legal awareness, establish internal regulations, enhance intellectual property talent reserves, and improve the protection and utilization of intellectual property. When entering foreign markets, enterprises shall proactively understand local legal systems and intellectual property protection conditions, conduct operations lawfully, and safeguard their legitimate rights and interests.
The State Council intellectual property authorities and commerce authorities, in collaboration with relevant departments, shall focus on enterprises' needs in foreign-related intellectual property protection, conduct outreach and training on key areas of disputes, and share case-based experiences to enhance enterprises' awareness and capabilities in handling such disputes.
The State Council judicial administrative departments shall strengthen legal education on intellectual property in accordance with the Law Enforcement-Linked Legal Publicity Responsibility System, improving citizens' and organizations' awareness and capacity to protect intellectual property rights lawfully.
Article 12 Service of documents and evidence collection within China shall comply with international treaties concluded or acceded to by China, the Civil Procedure Law of the People's Republic of China, the International Criminal Judicial Assistance Law of the People's Republic of China, and other applicable laws. No organization or individual may violate Chinese laws in conducting such activities within China.
Article 13 Organizations and individuals within China participating in overseas intellectual property litigation or subject to foreign judicial or law enforcement investigations shall comply with laws and regulations on state secrets, data security, personal information protection, technology export control, and judicial assistance. Where approval from competent authorities is required by law, relevant legal procedures shall be followed.
Article 14 The State Council commerce authorities may investigate and take necessary measures under the Foreign Trade Law of the People's Republic of China for the following matters:
(1) Imported goods infringing intellectual property rights and harming foreign trade order;
(2) Intellectual property right holders engaging in acts such as preventing licensees from challenging the validity of licensed intellectual property, imposing forced package licensing, or stipulating exclusive grant-back clauses in licensing agreements, thereby harming fair competition in foreign trade;
(3) Foreign countries or regions failing to grant national treatment to Chinese citizens or organizations in intellectual property protection, or failing to provide adequate protection for goods, technologies, or services originating from China.
Article 15 Where foreign states violate international law and fundamental norms of international relations, use intellectual property disputes as pretexts to suppress China, impose discriminatory restrictions on Chinese citizens or organizations, or interfere in China's internal affairs, relevant State Council departments may, under the Law of the People's Republic of China on Foreign Relations and the Law of the People's Republic of China on Countering Foreign Sanctions, list organizations or individuals directly or indirectly involved in formulating, deciding, or implementing discriminatory measures in a countermeasure list and take corresponding retaliatory or restrictive measures.
Article 16 No organization or individual may implement or assist in implementing discriminatory restrictions imposed by foreign states on Chinese citizens or organizations under the pretext of intellectual property disputes.
Where violations of the preceding paragraph infringe upon the legitimate rights and interests of Chinese citizens or organizations, the affected parties may file lawsuits in Chinese courts to demand cessation of infringement and compensation.
Article 17 Relevant State Council departments shall strengthen coordination and take measures under the National Security Law of the People's Republic of China, the Law of the People's Republic of China on Foreign Relations, and the Law of the People's Republic of China on Countering Foreign Sanctions against acts exploiting intellectual property disputes to harm China's sovereignty, security, or development interests. Acts abusing intellectual property rights to exclude, restrict competition, or engage in unfair competition shall be addressed under the Anti-Monopoly Law of the People's Republic of China and the Anti-Unfair Competition Law of the People's Republic of China.
Article 18 These Provisions shall come into effect on May 1, 2025.
Information source: Translated from https://www.gov.cn/. For practical implementation, the Chinese original text of these Provisions shall prevail.
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