2025-04-09 07:23:32
Recently, the State Council of China enacted the "Regulations of the State Council on the Handling of Foreign-Related Intellectual Property Right Disputes", which will come into effect on May 1, 2025.
The regulations consist of 18 articles and cover several key aspects. In terms of governmental supports, relevant departments of the State Council will strengthen the information inquiry services and early warnings of foreign intellectual property rights, improve the guidance work system for handling foreign-related intellectual property right disputes, support various organizations to participate in dispute resolution, enhance the service capabilities for foreign-related intellectual property rights, and provide convenient dispute resolution channels and professional services for citizens and organizations.
In the aspect of investigation and evidence collection, the new regulations clearly state that the service of documents and evidence collection within China shall be carried out in accordance with international treaties and legal provisions. When providing evidence materials to overseas parties, it is necessary to strictly abide by the regulations on national secrets and data security and fulfill the necessary approval procedures.
Regarding unfair treatment from foreign countries, the regulations also provide powerful countermeasures. If a foreign country fails to grant national treatment to Chinese citizens and organizations or does not provide adequate protection for intellectual property rights, the competent department of commerce of the State Council may conduct investigations and take measures in accordance with the law. If a foreign country uses intellectual property right disputes to contain and suppress China, relevant departments of the State Council will take countermeasures in accordance with the law. The introduction of these regulations will provide a solid institutional guarantee for China to handle foreign-related intellectual property right disputes, effectively safeguard the legitimate rights and interests of Chinese citizens and organizations, and promote international cooperation and fair competition in the field of intellectual property rights.