The State Council issues new regulations on foreign-related intellectual property rights to strengthen the legal guarantee of dispute resolution

The State Council Decree No. 801 of the People's Republic of China on the Handling of Foreign Related Intellectual Property Disputes, which was adopted at the 53rd executive meeting of the State Council on February 21, 2025, is hereby promulgated and shall come into effect on May 1, 2025. Premier Li Qiang March 13, 2025

Article 1: In order to strengthen intellectual property protection, promote citizens and organizations to handle foreign-related intellectual property disputes in accordance with the law, safeguard the legitimate rights and interests of citizens and organizations, promote high-level opening up to the outside world, and promote high-quality economic development, these regulations are formulated. Article 2: The departments responsible for the management of intellectual property rights such as trademarks, patents, and copyrights under the State Council (hereinafter referred to as the intellectual property management departments) and the competent commerce departments shall strengthen guidance and services for citizens and organizations in handling foreign-related intellectual property disputes, and other relevant departments of the State Council shall carry out relevant work in accordance with their respective responsibilities. Relevant departments of the State Council should strengthen work coordination and information communication, and jointly do a good job in handling foreign-related intellectual property disputes. Article 3: Local people's governments at or above the county level and their relevant departments shall, in combination with the actual situation in their respective regions, do a good job in handling foreign-related intellectual property disputes. Article 4: The intellectual property management department of the State Council, as well as relevant departments such as commerce and judicial administration, shall timely collect and release information on foreign intellectual property legal systems in accordance with their respective responsibilities, improve the public service system for intellectual property information, and provide the public with foreign intellectual property information query services. Article 5: The intellectual property management department and the competent commerce department of the State Council shall, in accordance with their respective responsibilities, strengthen tracking and understanding of key information such as changes in foreign intellectual property legal systems, conduct typical case analysis and research, timely issue risk warnings, and provide the public with foreign-related intellectual property warnings. Article 6: The intellectual property management department and the competent commerce department of the State Council shall, in accordance with their respective responsibilities, improve the guidance and work procedures for handling foreign-related intellectual property disputes, and provide guidance and assistance for citizens and organizations in dealing with foreign-related intellectual property disputes. Article 7: Support commercial mediation organizations and arbitration institutions to participate in the resolution of foreign-related intellectual property disputes, provide efficient and convenient ways for citizens and organizations to resolve foreign-related intellectual property disputes, encourage and guide citizens and organizations to quickly resolve foreign-related intellectual property disputes through settlement, mediation, arbitration and other means.The judicial administrative department of the State Council strengthens guidance on the mediation and arbitration of foreign-related intellectual property disputes. Article 8: Encourage law firms, intellectual property service agencies, etc. to improve their ability to provide foreign-related intellectual property services, and establish practice institutions abroad through the establishment of branch offices, joint operations, etc., to provide high-quality and efficient foreign-related intellectual property related services to citizens and organizations. The judicial administrative department and intellectual property management department of the State Council, together with relevant departments, shall take measures to create conditions for law firms, intellectual property service agencies, and other institutions to strengthen foreign-related intellectual property related services. Article 9: Support enterprises to establish mutual assistance funds for the protection and protection of foreign-related intellectual property rights, encourage insurance institutions to carry out insurance business related to foreign-related intellectual property rights in accordance with market-oriented principles, and reduce the cost of enterprise rights protection. Article 10: Encourage chambers of commerce, industry associations, cross-border e-commerce platforms and other organizations to establish foreign-related intellectual property rights protection assistance platforms, open service hotlines, and provide public welfare services such as consultation and training. Article 11 Enterprises shall enhance their awareness of the rule of law, establish and improve internal rules and regulations, strengthen the reserve of intellectual property talents, and enhance the protection and utilization of intellectual property rights; When entering foreign markets, one should actively understand the legal system and intellectual property protection status of the country or region where they are located, carry out production and business activities in accordance with the law, and actively safeguard their legitimate rights and interests. The intellectual property management department and the competent commerce department of the State Council, together with relevant departments, focus on the intellectual property protection needs of enterprises in foreign-related production and operation activities. They carry out publicity and training for enterprises in key areas and key links of foreign-related intellectual property disputes, and introduce the experience and practices of handling foreign-related intellectual property disputes in accordance with the law based on typical cases, in order to enhance the awareness and dispute resolution capabilities of enterprises in foreign-related intellectual property protection. The judicial administrative department of the State Council, in accordance with the requirements of the legal responsibility system of "whoever enforces the law shall popularize the law", strengthens the legal publicity and education related to intellectual property rights, comprehensively enhances the awareness of intellectual property protection and the ability of citizens and organizations to protect their rights in accordance with the law. Article 12: Service of documents, investigation and evidence collection within the territory of China shall be handled in accordance with international treaties concluded or participated in by China, as well as legal provisions such as the Civil Procedure Law of the People's Republic of China and the International Criminal Judicial Assistance Law of the People's Republic of China. No organization or individual shall violate the laws and regulations of our country by serving documents or conducting investigations and evidence collection within the territory of our country. Article 13: If organizations or individuals within China participate in overseas intellectual property related litigation or are subject to investigations by overseas judicial or law enforcement agencies and need to provide evidence or relevant materials to overseas parties, they shall comply with the provisions of laws and administrative regulations on safeguarding state secrets, data security, personal information protection, technology export management, judicial assistance, etc. If permission from the competent authority is required by law, relevant legal procedures shall be followed. Article 14 The competent commerce department of the State Council may investigate and take necessary measures in accordance with the Foreign Trade Law of the People's Republic of China on the following matters: (1) Imported goods that infringe intellectual property rights and endanger the order of foreign trade; （2） One of the behaviors of the intellectual property rights holder, such as preventing the licensee from questioning the validity of the intellectual property rights in the license contract, conducting mandatory package licensing, and stipulating exclusive re licensing conditions in the license contract, and endangering the fair competition order of foreign trade; （3） Other countries or regions have not provided national treatment to Chinese citizens or organizations in terms of intellectual property protection, or are unable to provide sufficient and effective intellectual property protection for goods, technology, or services originating from China. Article 15: If foreign countries violate international law and basic norms of international relations, use intellectual property disputes as an excuse to contain and suppress China, adopt discriminatory restrictive measures against Chinese citizens and organizations, and interfere in China's internal affairs, relevant departments of the State Council may, in accordance with laws such as the Foreign Relations Law of the People's Republic of China and the Anti Foreign Sanctions Law of the People's Republic of China, include organizations and individuals who directly or indirectly participate in the formulation, decision-making, and implementation of discriminatory restrictive measures in the list of countermeasures and take corresponding countermeasures and restrictive measures. Article 16: No organization or individual shall implement or assist in the implementation of discriminatory restrictive measures taken by foreign countries against Chinese citizens and organizations under the pretext of intellectual property disputes. Any organization or individual that violates the provisions of the preceding paragraph and infringes upon the legitimate rights and interests of Chinese citizens or organizations may file a lawsuit with the people's court in accordance with the law, demanding that they cease the infringement and compensate for losses. Article 17: Relevant departments of the State Council shall strengthen coordination and allocation