China issues regulations on resolving foreign-related IP disputes

BEIJING -- Chinese Premier Li Qiang has signed a decree of the State Council, unveiling a set of regulations on resolving foreign-related intellectual property (IP) disputes.

The regulations clarify that relevant government departments should strengthen overseas IP information inquiry and warning services, offering guidance and IP right protection assistance to individuals and organizations.

Consisting of 18 articles, the regulations underscore the role of enterprises, calling for enterprises to enhance their awareness of the rule of law and step up efforts on building the IP talent pool. In addition, relevant government departments are required to provide training for enterprises in key areas of foreign-related IP disputes, sharing experiences and practices through typical case studies.

The regulations specify that the service of documents, as well as investigation and evidence collection in China, should be carried out in accordance with the international treaties to which China is a party or has acceded.

Countermeasures against unfair treatment are also emphasized. According to the regulations, if foreign entities fail to grant national treatment to Chinese citizens and organizations or fail to provide adequate and effective IP protection, the commercial departments under the State Council can conduct investigations and take necessary measures in accordance with the law.

When foreign countries use IP disputes as a pretext to constrain or suppress China, or impose discriminatory and restrictive measures on Chinese citizens and organizations, the relevant departments of the State Council can take appropriate countermeasures and restrictive measures in response, the regulations noted.

The administrative regulations will take effect on May 1, 2025.