Global Innovation Policy Center

March 15, 2017

China


Primary Sources

  • Administrative Measures on Prioritized Examination of Patent Applications (2012)
  • Administrative Procedure Law of the People’s Republic of China (promulgated by Order No. 16 of the President of the People’s Republic of China on April 4, 1989) (1990)
  • Administrative Reconsideration Law of the People’s Republic of China (1999)
  • Advertisement Law of the People’s Republic of China (as amended on September 1, 2015) (2015)
  • Anti-Monopoly Law (promulgated by Order No. 68 of August 30, 2007, of the President of the People’s Republic of China) (2008)
  • Arbitration Law of the People’s Republic of China (promulgated by Order No. 31 of the President of the People’s Republic of China on August 31, 1994) (1994)
  • Circular of April 15, 2014, of the State Administration of Industry and Commerce Concerning the Issues on Implementing the Amended Trademark Law. (2014)
  • Civil Procedure Law of the People’s Republic of China (as amended by the Decision of August 31, 2012, on Amending the Civil Procedure Law of the People’s Republic of China) (2013)
  • Contract Law of the People’s Republic of China (adopted by the National People’s Congress on March 15, 1999, and promulgated by the Presidential Order No. 15) (1999)
  • Copyright Law of the People’s Republic of China of February 26, 2010 (amended up to the Decision of February 26, 2010, by the Standing Committee of the National People’s Congress on Amending the Copyright Law of the People’s Republic of China) (2010)
  • Criminal Law of the People’s Republic of China (1997)
  • Criminal Procedure Law of the People’s Republic of China (as amended up to Decision of March 14, 2012, on Amending the Criminal Procedure Law of the People’s Republic of China) (2012)
  • Customs Law of People`s Republic of China (2000)
  • Decision Amending the Measures on Administrative Enforcement of Patents (issued by Order No. 71 of May 29, 2015, of the State Intellectual Property Office (SIPO)) (2015)
  • Decision of August 31, 2014, of the Standing Committee of the National People’s Congress on the Establishment of Intellectual Property Courts in Beijing, Shanghai and Guangzhou (2014)
  • Decision of December 4, 2013，of the State Council Amending Some Administrative Regulations (promulgated by Order No. 341 of December 7, 2014, of the State Council of the People’s Republic of China) (2013)
  • Decision of February 26, 2010, of the Standing Committee of the National People’s Congress on Amending the Copyright Law of the People’s Republic of China (2010)
  • Decision of March 14, 2012, Amending the Criminal Procedure Law of the People’s Republic of China. (2012)
  • Decision of March 28, 2011, amending the Measures for the Administration of Patent Agencies (2011)
  • Decision of May 31, 2013，of the State Council Amending and Abolishing Some Administrative Regulations (promulgated by Order No. 638 of July 18, 2013, of the State Council of the People’s Republic of China) (2013)
  • Decision of November 1, 2014, of the Standing Committee of the National People’s Congress Amending the Administrative Procedure Law of the People’s Republic of China (2015)
  • Decision of September 16, 2013, of the State Intellectual Property Office of Amending the Guidelines for Patent Examination (2013)
  • Decision of the Standing Committee of the National People’s Congress on Amending the Trademark Law of the People’s Republic of China (promulgated by Presidential Order No. 6 of August 30, 2013) (2014)
  • Decision of the State Council Amending the Regulations on Customs Protection of Intellectual Property Rights (2010)
  • Decision of the State Council Amending the Rules for the Implementation of the Patent Law of the People’s Republic of China (2010)
  • Decision of the State Council of March 16, 2011, on Amending the Regulations on Administration of Audiovisual Products (promulgated by Order No. 595 of the State Council of the People’s Republic of China) (2011)
  • Decision of the State Council on Amending the Regulation on the Administration of Publications (2011)
  • Decision of the State Intellectual Property Office Amending the Guidelines for Patent Examination (promulgated by order No. 68 of March 12, 2014, of the State Intellectual Property Office ) (2014)
  • Decision of the Supreme People’s Court on Amendments to the Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of Law to the Trial of Patent Dispute Cases (2013)
  • Foreign Trade Law of the People’s Republic of China (2004)
  • General Principles of Civil Law (1987)
  • Guidelines of February 1, 2010, on Examination of Patents (promulgated by Order No. 55 of the State Intellectual Property Office (SIPO) ) (2010)
  • Implementing Regulations of the Trademark Law of the People’s Republic of China (promulgated by Order No. 358 of the State Council of the People’s Republic of China on August 3, 2002; amended by order No. 651 of the Decision of the State Council on Amending the Regulations for the Implementation of the Trademark Law of the People’s Republic of China on April 29, 2014) (2014)
  • Implementing Rules on Disclosure of Government Information of the State Intellectual Property Office (SIPO) (promulgated by Order No. 20 of March 4, 2013, of the State Intellectual Property Office) (2013)
  • Intangible Cultural Heritage Law (2011)
  • Interim Provisions on the Administration of National Standards Involving Patents (issued by the National Standardization Administration Committee and the State Intellectual Property Office) (2014)
  • Interim Regulations of February 11, 2011, on the Administration of Internet Culture (promulgated by Order No. 51 of February 17, 2011, of the Ministry of Cultural of the People’s Republic of China) (2011)
  • Interim Regulations of March 25, 2010, on the Protection of Commercial Secrets of Central State-Owned Enterprises (promulgated by Order No. 41 of the State-owned Assets Supervision and Administration Commission of the State Council) (2010)
  • Interim Regulations on Online Applications for Trademark Registration of May, 1, 2014 (2014)
  • Interpretations of the Supreme People’s Court on Issues Concerning the Jurisdiction and Application of Law for Trademark Cases after the Implementation of the Decision on Amending the Trademark Law (promulgated by Order No. 4 of March, 25, 2014, of the Judicial Committee of the Supreme People’s Court) (2014)
  • Law of September 2, 1993, of the People’s Republic of China Against Unfair Competition (promulgated by People’s Republic of China Presidential Order No. 10) (1993)
  • Law of the People’s Republic of China on Product Quality (2000)
  • Law of the People’s Republic of China on Protection of Consumer Rights and Interests (2013)
  • Law of the People’s Republic of China on Scientific and Technological Progress (as amended on December 29, 2007) (2008)
  • Law of The People’s Republic of China on the Laws Applicable to Foreign-related Civil Relations (2010)
  • Measures for Administration of Digital Printing (promulgated by Order No.2 of January 11, 2011, of the General Administration of Press and Publication of the People’s Republic of China) (2011)
  • Measures for Paying Remuneration for Works Legally Permitted to Be Used in Textbooks (2013)
  • Measures for Registration of Patent Pledge (promulgated by Order No. 56 of the State Intellectual Property Office (SIPO) of China) (2010)
  • Measures for the Administration of Patent Agencies (issued by Order No. 70 of April 30, 2015, of the State Intellectual Property Office (SIPO)) (2015)
  • Measures for the Administration of Providing Special Funds to Foreign Patent Application (promulgated by Order No. 147 of April 14, 2014, of the Ministry of Finance of the People’s Republic of China) (2012)
  • Measures for the Deposit of Biological Materials for the Purposes of Patent Procedures (issued by Order No. 69 of January 16, 2015, of the State Intellectual Property Office (SIPO)) (2015)
  • Measures for the Record Filing of Patent Licensing Contracts (2011)
  • Measures for the Registration of Pledge on Copyright (2010)
  • Measures of August 21, 2014, for the Remuneration Payment for the Use of Literary Works (promulgated by Order No.11 of September 23, 2014, of the National Copyright Administration and the National Development and Reform Commission) (2014)
  • Measures of December 29, 2009, for Security Administration of Communications network (promulgated by Order No. 11 of January 21, 2010, of the Ministry of Industry and Information Technology of People’s Republic of China) (2010)
  • Measures of December 4, 2013, for the Administration of Press and Publication Industry Standardization (promulgated by Order No. 1 of Dec. 27, 2013, of State Administration of Press, Publication, Radio, Film and Television of the People’s Republic of China) (2013)
  • Measures of July 12, 2010, for Administration of Trademark Agency (promulgated by The State Administration for Industry and Commerce of the People’s Republic of China Order No. 50) (2010)
  • Measures of March, 2011, for the Administration of Import of Audio-video Recordings (promulgated by Order No.53 of April, 6, 2014 of the General Administration of Press and Publication, the General Administration of Customs of the People’s Republic of China ) (2011)
  • Measures on Administrative Enforcement of Patents (as amended on July 1, 2015) (2015)
  • National Security Law of the People’s Republic of China (2015)
  • Patent Law of the People’s Republic of China (as amended up to the Decision of December 27, 2008, regarding the Revision of the Patent Law of the People’s Republic of China) (2008)
  • Provisions issued on August 26, 2010, by Administrative Order No. 57 of the State Intellectual Property Office (SIPO) on Patent Electronic Application (2010)
  • Provisions of July 3, 2014, on the Recognition and Protection of Well-known Trademarks (promulgated by The State Administration for Industry and Commerce of the People’s Republic of China Order No. 66) (2014)
  • Regulation on Computers Software Protection (consolidated as 2013, promulgated by Order No. 339 of the State Council of the People’s Republic of China on December 20, 2001) (2013)
  • Regulation on Protection of the Right to Network Dissemination of Information (promulgated by the Order No. 468 of the State Council of the People’s Republic of China on May 18, 2006, as amended by the Decision of the State Council on Amending the Regulation on Protection of the Right to Network Dissemination of Information on January 30, 2013) (2013)
  • Regulation on the Prohibition of Conduct Eliminating or Restricting Competition by Abusing Intellectual Property Rights (issued by Order No. 74 of April 7, 2015, of the State Administration for Industry and Commerce (SAIC)) (2015)
  • Regulations against Price Fixing (promulgated by Order No. 7 of December 29, 2010, of National Development and Reform Commission) (2010)
  • Regulations for the Implementation of the Copyright Law of the People’s Republic of China (as amended up to the Decision of January 30, 2013, of the State Council on Amending the Regulations for the Implementation of the Copyright Law of the People’s Republic of China) (2013)
  • Regulations for the Industry and Commerce Administrations on the Prohibition of Monopolistic Agreements (issued by Order No. 53 of December 31, 2010, of the State Administration of Industry and Commerce) (2010)
  • Regulations for the Industry and Commerce Administrations to Stop Acts of Abusing Administrative Power for the Purpose of Eliminating or Limiting Competition (issued by Order No. 55 of December 31, 2010, of the State Administration of Industry and Commerce) (2011)
  • Regulations of April 15, 2014, on the Implementation of Administrative Punishments for Cases of Imported and Exported Goods Infringing Intellectual Property Rights under the Customs Law (2014)
  • Regulations of Beijing Higher People’s Court of November 3, 2014, on Issues concerning the Adjustment and Transition of Jurisdiction over Intellectual Property Cases (2014)
  • Regulations of December 31, 2010, for the Industry and Commerce Administrations on the Prohibition of Abuse of Dominant Market Position (issued by Order No.54 of the State Administration of Industry and Commerce) (2010)
  • Regulations of January 30, 2012, of the Supreme People’s Court on Several Issues Concerning the Application of Law in the Trial of Civil Dispute Cases Arising from Monopolistic Conduct (promulgated by Order No. 5 of May 3, 2012, of the Supreme People’s Court of People’s Republic of China) (2012)
  • Regulations of March 19, 2001, on Administration of Audiovisual Products (as amended by the Decision of March 19, 2011, of the State Council on Amending the Regulations on Administration of Audiovisual Products) (2011)
  • Regulations of March, 17, 2011, on the Administration of the Publications Market (promulgated by Order No.52 of the General Administration of Press and Publication and Ministry of Commerce of the People’s Republic of China) (2011)
  • Regulations of October 27, 2014, of the Supreme People’s Court on the Jurisdiction over cases of the Intellectual Property Courts in Beijing, Shanghai and Guangzhou (promulgated by Order No. 12 of Supreme People’s Court of October 31, 2014) (2014)
  • Regulations on Customs Protection of Intellectual Property Rights (as last amended on March 24, 2010 by Order No. 572 of the State Council of People’s Republic of China) (2010)
  • Regulations on the Administration of Publications (as last amended on March 19, 2011) (2011)
  • Regulations on the Administrative Procedures for Law Enforcement against Price Fixing (promulgated by Order No. 8 of December 29, 2010, of National Development and Reform Commission) (2010)
  • Rules of May 28, 2012, for the China Internet Network Information Center (CNNIC) Domain Name Dispute Resolution Procedure (2012)
  • Several Opinions of October 9, 2014, of the State Council on Promotion of the Development of the Science and Technology Service Industry (promulgated by Order No. 49 of October 28, 2014, of the State Council of the People’s Republic of China) (2014)
  • Several Opinions on Supporting the Development of Small and Micro Enterprises through Intellectual Property Rights (promulgated by Order No. 57 of October 8, 2014, of the State Intellectual Property Office of People’s Republic of China) (2014)
  • The China Internet Network Information Center (CNNIC) Domain Name Dispute Resolution Policy of May 28, 2012 (2012)
  • The China Internet Network Information Center (CNNIC) Implementing Rules of May 28, 2012, of Domain Name Registration (2012)
  • The Guidelines for Intellectual Property Rights of Overseas Enterprises (promulgated by Order No. 61 of February 8, 2014, of the Ministry of Commerce of the People’s Republic of China) (2014)
  • The Legislation Law of the People’s Republic of China (2000)
  • The Transitional Measures of Implementing the amended Implementing Regulations of the Patent Law (2010)
  • Tobacoo Monopoly Law of People’s Republic of China. (promulgated by Order No. 46 of June 29, 1991，of the President of People’s Republic of China) (2013)
  • Tort Law of the People’s Republic of China (2009)
  • Trademark Law of the People’s Republic of China (as amended up to Decision of August 30, 2013, of the Standing Committee of National People’s Congress on Amendments to the Trademark Law of the People’s Republic of China) (2014)
  • Trademark Review and Adjudication Rules (revised by the Order No. 65 of May 28, 2014 of the State Administration for Industry and Commerce of the People’s Republic of China) (2014)
  • White Paper on the Status of the Judicial Protection of Intellectual Property Rights in Chinese Courts in 2014 (released by the Supreme People’s Court of the People’s Republic of China on April 20, 2015) (2015)

Secondary Sources

  • Balakrishnan, A. (2016), “Beijing’s Apple ban isn’t likely to stick, expert says”, CNBC, 6/17/2016
  • BBC News (2015), “Free Windows 10 upgrade for China pirates”, 3/18/2015
  • BRIC Wall Blog (2014), “The Thorny Problem of Patentable Eligible Subject Matter: Part 7 of a 10-Part Series: China”, 8/18/2014
  • CCPIT Patent &Trademark Law Office, “Opinions of the State Council on Accelerating the Establishment of a Strong IPR Country under the New Situation – Division of Tasks”, 8/2/2016
  • CCPIT Patent and Trademark Law Office (2016), “SIPO proposes to amend the Patent Law”, 2/4/2016
  • Cendrowski, S. (2016), Chinese Regulator Again Calls Out Alibaba for Counterfeit Goods”, Fortune, 8/11/2016
  • Changhui, C. (2015), “China: Main amendments in Draft of Fourth Amendments to the Chinese Patent Law”, Mondaq, 5/18/2016
  • Chen, D. (2015), “Limitations of the Trademark Protection: Q195: China”, AIPPI
  • Cheng, W. (2015), “The impact of public health issues on exclusive patent rights: Q202: China”, AIPPI
  • China Daily (2016), “Plain-packaging push for tobacco products”, 2/6/2016
  • China IPR blog (2016), “Beginning the Journey for Trade Secret Reform: the Recent AUCL Draft”, 3/15/2016
  • China IPR blog (2016), “GAI and ABA Publish Their AUCL Comments”, 3/25/2016
  • China IPR blog (2016), “New State Council Decision on Intellectual Property Strategy For China as a Strong IP Country”, 7/24/2016
  • China IPR blog (2016), “Qualcomm’s Litigation Strategies and Recent IP Developments in China”, 8/12/2016
  • China IPR blog (2016), “US and China Customs Data Compared”, 5/22/2016
  • China IPR SME Help Desk (2015), “Understanding and Using China’s Design Patent”
  • China IPWell Law Group, “Key Points about 4th Amendment of the Chinese Patent Act”, 4/2/2015
  • China Law Blog, China’s Design Patent Scourge Has Snared Apple: Nobody Panic, 6/17/2016
  • Chofn IP (2016), “New Judicial Interpretation on Patent Infringement”, Lexology, 8/1/2016
  • Competition Policy International (2015), “Antitrust Enforcement with Respect to IP in China”, 5/28/2015
  • Covington (2015), “China Issues Final IP/Antitrust Rules”, 4/21/2015
  • Dong, J. (2015), “Acquiescence (tolerance) to infringement of Intellectual Property Rights: Q192:China”, AIPPI
  • European Patent Office (2016), “China: SPC releases revised commentary on infringement litigation”, April 2016
  • Ge, J. & Bai, B. (2016), “SEP-based Injunctions: Down But Not Out”, Kluwer Patent Blog, 4/26/2016
  • ICLG (2016), “Patents 2017: China”
  • Intellectual Asset Management (2016), “No ‘pendulum’ here: softrware patent protection is only getting stronger in China”, 10/31/2016
  • Law 360 (2016), “”An Update On China’s Anti-Monopoly Law Guidelines On IP””, 10/15/2015
  • LexField Law Offices (2016), “SIPO Proposed Amendments to Patent Examination Guidelines for Comments”, Lexology, 10/31/2016
  • Lexology (2015), “China’s new rules on antitrust and intellectual property intersected issues”, 4/230/2015
  • Lexology (2016), “A closer look at the “IPHONE” & “face book” trademark cases in China”, 5/16/2016
  • Lexology (2016), “Chinese Legal Developments: Counting the Cash”, 10/25/2016
  • Lexology (2016), “Highlights of the Draft Amendment of China’s Patent Law”, 1/28/2016
  • Lexology (2016), “Patenting Software in China: What do you need to know”, 3/24/2016
  • Lexology (2016), “Patents in China: Lexology Navigator Q&A”, 7/11/2016
  • Lexology (2016), “Supreme People’s Court Publishes the Second Set of Interpretation of Lawfor Trying Patent Infringement Disputes”, 5/5/2016
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  • Managing IP (2016), “China: Patents: Patent Law amendments cause hopes and concerns”, 1/216/2016
  • Merges, R. & Bian, R. (2014), “Software Patents after CLS Bank: US-China Comparison”, UC Berkeley
  • Peng, Z., Yang, L,, Zhicheng, Z. (2016), Policy Interpretation of Several Opinions of the State Council on Accelerating the Construction of IP Power under New Situations”, China Patents & Trademarks No.2, 2016
  • Ramli, D. (2016), “Apple IPhones Found to Have Violated Chinese Rival’s Patent”, Bloomberg, 6/17/2016
  • Ropes & Gray (2016), “CFDA Solicits Comments on Drug Registration Rules”, 8/2/2016
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  • SIPS (2016), “PRC – Anti-Counterfeiting Review – 2015”, 2/24/2016
  • South China Morning Post (2016), “China to strengthen crackdown on fake goods, online piracy, says minister”, 3/18/2016
  • Spruson & Ferguson (2016), “Tightened IP Requirements for Obtaining the High and New Technology Enterprise (HNTE) Status in China – Taxation Implications”, 4/;13/2016
  • Tobacco China (2016), “Gory warnings/plain packaging: Won’t be scaring China”, 7/1/2016
  • WSGR Alert (2015), “Rejection of Gilead Patent Raises Issues for Companies Seeking Pharmaceutical Patent Protection in China”, 6/29/2015
  • WSJ (2016), “Alibaba faces backlash over promisese on counterfeits”, 6/16/2016
  • WSJ (2016), “Beijing: Apple iPhone Violated Chinese Patent”, 6/17/2016
  • WSJ (2016), “Stronger Chinese Patent Laws Also Help U.S. Companies”, 7/20/2016
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  • Zhang, J. et al (2016), “Security interests over intellectual property”, AIPPI, 4/22/2016
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