The National Intellectual Property Administration, PRC (“CNIPA”) is a vice-ministerial-level state administration under the administration of the State Administration for Market Regulation.-State Council Institutional Reform 2018
PATENT
Patent Law of the People’s Republic of China (2008 Amendment)
Detailed Rules for the Implementation of the Patent Law (2010 Revision)
Regulation on Patent Agency (2018 Revision)
IPR
Regulation on the Customs Protection of Intellectual Property Rights (2018 Amendment)-applying to the General Administration of Customs for archival filing of intellectual property rights，shall submit an application letter, which shall include the following contents:
- the intellectual property right holder’s name, and his place of registration or his nationality, etc.;
- the name and contents of as well as the relevant information on the intellectual property;
- the status of permission to exercise the intellectual property;
- the name and place of origin of the goods for which the intellectual property right holder lawfully exercises the intellectual property, the customs of entry or exit, the importer and exporter, the main features and the price, etc. of such goods;
- the manufacturer, importer and exporter of the goods which are known to have infringed upon the intellectual property, the customs of entry or exit, the importer and exporter, the main features and the price, etc. of such goods.
Overall Plan for the Intellectual Property Right Comprehensive Administration Reform Pilot Program 2016
Working Measures for Outbound Transfer of Intellectual Property Rights 2018
TRADEMARK
Trademark Law -2019 amendment
- An application for registration of a malicious trademark not for use shall be rejected
- Where a registered trademark is obtained by deception or other improper means, the Trademark Office shall declare the registered trademark invalid.
- Commodities counterfeiting registered trademarks shall not enter commercial channels after only removing counterfeit registered trademarks.
- Those who apply for trademark registration maliciously shall be given administrative penalties such as warning and fines according to the circumstances; those who file trademark lawsuits maliciously shall be punished by the people’s court according to law.