New Regulations on Resolving Foreign-related IP Disputes

The regulations, which consist of 18 articles and will take effect on May 1, 2025, clarify that relevant government departments should strengthen overseas IP information inquiry and monitoring services.

Relevant departments are required to improve access to overseas IP information and early warning systems, establish robust guidance mechanisms and procedures for handling foreign-related IP disputes, and provide response guidance and rights protection assistance.
Additionally, the regulations support the involvement of commercial mediation organizations and arbitration institutions in resolving foreign-related IP disputes.
The regulations also aim to strengthen the capabilities of law firms and IP service agencies in handling foreign-related IP matters, offering efficient and convenient dispute resolution pathways for citizens and organizations.
Enterprises are urged to increase their legal awareness, establish and improve internal regulations, build a talent pool and enhance the protection and utilization of IP to safeguard their legitimate rights and interests.
Relevant departments will conduct publicity and training programs for enterprises, focusing on key area of foreign-related IP disputes. These programs will share experiences and practices in handling such disputes through case studies.
The regulations also support the establishment of mutual assistance funds for foreign-related IP protection and encourage insurance institutions to develop related insurance products.
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. The regulations stipulate that, 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, according to the regulations.
Source:Global Innovation