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China (135 texts)

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Laws (26 texts)	Implementing Rules/Regulations (104 texts)	Geographical Indications (5 texts)
IP Legal Literature (5 texts)	IP Jurisprudence (20 texts)	Treaty Membership (69 texts)
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Outline of the Legal and Regulatory Framework for Intellectual Property in the People's Republic of China (PRC)

Laws	Constitution / Basic Law (Date of current version) The Constitution law of the People's Republic of China (2004) Main IP Laws: enacted by the Legislature (Date of current version) Decision of the Standing Committee of the National People’s Congress on Amending the Copyright Law of the People’s Republic of China (2010) Copyright Law of the People's Republic of China (as last amended on February 26, 2010) (2010) Decision of the Standing Committee of the National People's Congress Amending the Patent Law of the People's Republic of China (2008) Patent Law of the People’s Republic of China (as last amended on December 27, 2008) (2008) Trademark Law of the People's Republic of China (2001) Law of the People’s Republic of China Against Unfair Competition (1993) IP-related Laws: enacted by the Legislature (Date of current version) Intangible Cultural Heritage Law (2011) Law of The People's Republic of China on the Laws Applicable to Foreign-related Civil Relations (2010) Tort Law of the People's Republic of China (2009) Criminal Law of the People's Republic of China (2009) Anti-monopoly Law (2007) Law of the People's Republic of China on Scientific and Technological Progress (2007) Civil Procedure Law of the People’s Republic of China (2007) Electronic Signature Law of the People's Republic of China (2004) Foreign Trade Law of the People`s Republic of China (2004) Agriculture Law of the People's Republic of China (2002) Law of the People's Republic of China on Product Quality (2000) The Legislation Law of The People’s Republic of China (2000) Customs Law of People`s Republic of China (2000) Contract Law of The People's Republic of China (1999) Advertisement Law of the People's Republic of China (1994) Arbitration Law of the People's Republic of China (1994) Law of the People's Republic of China on Protection of Consumer Rights and Interests (1993) Administrative Procedure Law of the People's Republic of China (1989) General Principles of Civil Law (1986)

Implementing Rules/Regulations	Intellectual Property (Date of current version) Decision of the State Council on Amending the Regulation on the Administration of Audio and Video Products (2011) Decision of the State Council on Amending the Regulation on the Administration of Publications (2011) Regulations on Administration of Audio and Video Products (as last amended on March 19, 2011) (2011) Regulations on the Administration of Publications (as last amended on March 19, 2011) (2011) Provisional Measures on Application from Taiwan Applicants for Plant Variety Rights in the Mainland (2010) Decision of the State Council Amending the Regulations on Customs Protection of Intellectual Property Rights (2010) The Transitional Measures of Implementing the amended Implementing Regulations of the Patent Law (2010) Decision of the State Council Amending the Rules for the Implementation of the Patent Law of the People’s Republic of China (2010) Regulations on Customs Protection of Intellectual Property Rights (as last amended on March 24, 2010) (2010) Rules for the Implementation of the Patent Law of the People’s Republic of China (2010) Measures for the Administration of the Trademark Agency (2009) Interim Measures for Payment of Remuneration by Radio and Television Stations for Broadcasting Sound Recordings (2009) Measures for Implementation of the Administrative Punishment of Copyright (2009) Regulations on the Determination of Well-Known Trademarks (2009) Implementing Rules of Regulations on Customs Protection of Intellectual Property Rights (2009) The China Internet Network Information Center (CNNIC)Implementing Rules of Domain Name Registration (2009) Measures for the Administration of Registration of Technology Import and Export Contracts of the People's Republic of China (2009) Measures of the P.R. China for the Administration of the Technologies Prohibited or Restricted from Export (2009) Administrative Measures for the Storage of Bacterial (Viral) Strains of Animal Pathogenic Microorganisms (2008) Regulation on the administration of visual and audio program on internet (2008) Regulations on Administration of Commercial Performances (2008) Provisions on Administration of Foreign-Invested Telecommunications Enterprises (2008) Rules for the China Internet Network Information Center (CNNIC) Domain Name Dispute Resolution Policy (2007) Implementing Rules for the Regulations of the People's Republic of China on the Protection of New Varieties of Plants (Agriculture Part) (2007) Provisions on Utilizing the Marks of the Most Competitive Brands on the Market (2007) Trial Measures for Evaluating and Protecting Brands in the Commercial Field (2007) Customs Clearance Notice for Beijing Olympic Materials (2007) Notice of the Supreme People's Court on the Third Civil Division of This Court shall be Officially Addressed as "Intellectual Property Division" (2006) Measures concerning the Administration of Wholesale, Retail and Lease of Audio and Video Products (2006) Opinions on Encouraging Technology Importing and Innovation and Promoting Changes in Pattern of Trade Growth (2006) Announcement on Accepting the General Guarantee for the Customs Protection of Intellectual Property (2006) Regulation on the Protection of the Right to Network Dissemination of Information (2006) Circular about the Relevant Issues on Strengthening the Administration of Intellectual Property Asset Assessment (2006) Interim Regulation Concerning Intensified Interlinking and Coordination in the Combat against Copyright Infringing Criminal Offenses (2006) Tentative Regulations Concerning Strengthening Cooperation on Enforcement of IP (2006) Interim Measures Governing National Hi-tech Industry Development Projects (2006) CNNIC Domain Name Dispute Resolution Policy (2006) Notice on Interim Regulation Concerning Intensified Interlinking and Coordination in the Combat against Trademark Exclusive Right Infringing Criminal Offenses (2006) Protection Measures for Intellectual Property Rights during Exhibitions (2006) Implementing Measures on Management of Automobile Brand Marketing (2005) Measures for Compulsory License on Patent Implementation concerning Public Health Problems (2005) Rules for Trademark Review and Adjudication (2005) Measures for the Administration of Accreditation of the Integrated Circuit Enterprises Encouraged by the State (Trial) (2005) Measures for the Administrative Protection of Internet Copyright (2005) Measures for the Archival Administration of Non-operational Internet Information Services (2005) Copyright Collective Management Regulations (2004) China Internet Domain Name Regulations (2004) Regulations on the Protection of the World Exposition Symbols (2004) Regulation of the People's Republic of China on the Implementation of Customs Administrative Punishment (2004) Regulation on National Defense Patent (2004) Measures for the Administration of Chinese-Foreign Cooperative Film Production (2004) Provisions of the State Intellectual Property Office on Electronic Patent Application (2004) Measures for the Administration of Chinese-Foreign Cooperative Audio-video Product Distribution Enterprises (2004) Notice on the Issuance of Guiding Rules on Protection and Administration of Intellectual Property Rights in the Industry of Project Survey (2003) Measures for Compulsory Licensing of Patent Implementation (2003) Measures for the Administration of Patent Agency (2003) Provisions on the Methods for Marking the Patent Marks and Patent Numbers (2003) Measures for the Implementation of International Registration of Marks under the Madrid Agreement (2003) Measures for the Registration and Administration of Collective Marks and Certification Marks (2003) Provisions on the Determination and Protection of Well-known Marks (2003) Regulation of the People’s Republic of China on Traditional Chinese Medicines (2003) Opinions of the MOFTEC and the State Intellectual Property Office on Strengthening the Administration of Patents in Foreign Trade (2003) Disciplinary Rules for Patent Agency (2002) Regulations on Administration of Business Premises for Internet Access Services (2002) Regulations for the Implementation of the Trademark Law of the People's Republic of China (2002) Implementing rules of the Copyright Law (2002) Measures for the Registration of Computer Software Copyright (2002) Regulations on the Protection of Olympic Symbols (2002) Regulations on Computer Software Protection (2001) Measures of executive enforcement of patents (2001) Regulations on the Administration of Movies (2001) Regulations on Administration of Import and Export of Technique (2001) Measures on the Administrative Execution of Integrated Circuit Layout Design (2001) Rules for Implementing the Regulations on the Protection of Layout-Designs of Integrated Circuits (2001) Regulations on Administration of Printing Industry (2001) Provisions on Reference of Suspected Criminal Cases by Administrative Law-enforcement Organs (2001) Regulations on Administration of Agricultural Genetically Modified Organisms Safety (2001) Regulations on the Protection of Layout-Designs of Integrated Circuits (2001) Circular of the State Administration of Taxation for Defining the Incomes of Foreign Enterprises and Individuals from Technology Transfer which Are to Be Exempt from Business Tax (2000) Administration of Internet Information Services Procedures (2000) Regulation on Telecommunications (2000) Implementing Rules for the Regulations of the People's Republic of China on the Protection of New Varieties of Plants (Forestry Part) (1999) Opinions on Resolution of Several Issues Concerning Trademarks and Enterprise Names (1999) Opinions on Several Issues Concerning Service Trademark Protection (1999) Provisions for Investigation and Handling of Acts of Passing Off Patent by Administrative Authority for Patent Affairs (1999) Several Provisions on Prohibiting Infringements upon Trade Secrets (1998) Implementation Rules for Provisional Regulations of the Administration of International Networking of Computer Information in the People's Republic of China (1998) Measures for Security Protection Administration of the International Networking of Computer Information Networks (1997) Regulation on the Administration of Broadcasting and Television (1997) Interim Administrative Measures on Domain Name Registration (1997) Interim Regulations on the Management of International networking of Computer Information (1997) Regulations on Protection of Traditional Arts and Crafts (1997) Regulations of the People's Republic of China on Protection of New Varieties of Plants (1997) Regulations on the Administration of Special Signs (1996) Provisions on the Management of Trademarks in Foreign Trade (1995) Certain Regulations on Prohibiting Unfair Competition activity concerning imitating specific Names, Packaging or Decoration of Well-known Commodities (1995) Order No.7 of the State Intellectual Property Office (SIPO) amending Provisions Concerning Implementation of Patent Cooperation Treaty in China (1995) Decision on Further Strengthening the Work of Intellectual Property Protection (1994) Provisions Concerning Implementation of Patent Cooperation Treaty in China (1993) Regulations on Administrative Protection of Agricultural Chemical Products (1992) Provisions on the Implementation of the International Copyright Treaties (1992) Regulations on Patent Commissioning (1991) Provisional Measures Concerning Entry Quarantine for Micro-Organisms and Culture used for Patent Procedures (1985) Rules for Foreigners or Foreign Enterprises Applying for Trademark Registration in China (1983)

Geographical Indications	Laws / Regulations (Date of current version) Measures for the Administration of Geographical Indications of Agricultural Products (2007) Measures for the Administration of Special Signs of Geographical Indication Products (2007) Administrative Measures for the Well-known Agricultural Product (2007) Administrative Measures for the Safety of Places of Origin of Agricultural Products (2006) Provisions for the Protection of Products of Geographical Indication (2005)

IP Legal Literature	Guidelines to Examination of Patents in PRC (2010) Rules and Procedures for Substantive Examination of Trademarks (2007) Guide to Copyright Administrative Complaints (2006) Standard for Examination of Trademarks (2005) Standard for Review of Trademarks (2005)

IP Jurisprudence	Judicial interpretation of the Supreme People’s Court on Several Issues concerning the Application of Law in the Trial of Patent Infringement Dispute Cases (2009) The Regulations on Hearing Divisions of IP Administrative Lawsuits Involving the Grant and Confirmation of Patents and Trademark (2009) Interpretation of the Supreme People's Court of Several Issues Concerning the Application of the Law to the Trial of Civil Dispute Cases Involving Well-Known Trademarks (2009) Provisions of the Supreme People's Court on Issues Concerning the Trial of Cases of Civil Disputes over Conflicts between Registered Trademark or Enterprise Name and Prior Right (2008) The Interpretation II of the Supreme Peopleàs Court SPC and Supreme People's Procuratorate SPP of the Issues concerning the Specific Application of Law in Handling Criminal Cases of Infringement of Intellectual Property Rights (2007) Interpretation of the Supreme People's Court on Some Matters about the Application of Law in the Trial of Civil Cases Involving Unfair Competition (2007) Interpretation of the Supreme People's Court on Several Matters Concerning the Application of Law in the Trial of Cases Involving the Disputes over Infringement upon the Rights of New Plant Varieties (2006) The Interpretation of the Supreme People's Court Concerning Several Issues on Hearing cases in Internet Copyright Dispute (2006) Reply of the Supreme People's Court and the Supreme People's Procuratorate about Relevant Issues of Handling Criminal Cases of Infringing upon Copyright concerning Audio-visual Fixation (2005) Interpretation by the Supreme People's Court SPC and the Supreme People's Procurate SPP on Several Issues of Concrete Application of Laws in Handling Criminal Cases of Infringing Intellectual Property (2004) Interpretation of the Supreme People's Court concerning Some Issues on Application of Law for the Trial of Cases on Disputes over Technology Contract (2004) Interpretation of the Supreme People's Court Concerning Several Issues on Application of Law in Hearing Correctly the Civil Copyright (2002) Several Questions on the Application of Law in Trial of Trademark Civil Dispute Cases Interpretation (2002) Interpretation by the Supreme People's Court of the Issues Relating to Application of Law to Pre-trial Suspension of Acts of Infringement of Exclusive Right to Use Trademarks and to Evidence Preservation (2002) Interpretation by the Supreme People's Court of the Issues Relating to Jurisdiction over and Scope of Application of Law to the Hearing of Trademark Cases (2002) Circular of the Supreme People's Court on Starting the Trial of Cases of Integrated Circuit Layout designs (2001) Interpretation of the Supreme People's Court on Application of Laws in the Trial of Civil Disputes over Domain Names of Computer Network (2001) Several Provisions of the Supreme People's Court for the Application of Law to Pre-trial Cessation of Infringement of Patent Right (2001) Interpretation on the People's Courts Subjecting Rights in Registered Trademarks to Property Preservation (2001) The Interpretation of the Supreme People's Court Concerning Several Issues on Hearing cases in Internet Copyright Dispute (2000)

Treaty Membership	WIPO-Administered Treaties (Entry into force of the Treaty for the Contracting Party) Summary Table of Membership of the World Intellectual Property Organization (WIPO) and the Treaties Administered by WIPO, plus UPOV, WTO and UN Beijing Treaty on Audiovisual Performances ... Singapore Treaty on the Law of Trademarks ... Trademark Law Treaty ... Washington Treaty on Intellectual Property in Respect of Integrated Circuits ... WIPO Copyright Treaty (June 9, 2007) WIPO Performances and Phonograms Treaty (June 9, 2007) Strasbourg Agreement Concerning the International Patent Classification (June 19, 1997) Locarno Agreement Establishing an International Classification for Industrial Designs (September 19, 1996) Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (December 1, 1995) Budapest Treaty on the International Recognition of the Deposit of Micro-organisms for the Purposes of Patent Procedure (July 1, 1995) Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (August 9, 1994) Patent Cooperation Treaty (January 1, 1994) Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms (April 30, 1993) Berne Convention for the Protection of Literary and Artistic Works (October 15, 1992) Madrid Agreement Concerning the International Registration of Marks (October 4, 1989) Paris Convention for the Protection of Industrial Property (March 19, 1985) Convention Establishing the World Intellectual Property Organization (June 3, 1980) IP-related Multilateral Treaties (Entry into force of the Treaty for the Contracting Party) Agreement on the Importation of Educational, Scientific and Cultural Materials ... Convention and Statute on Freedom of Transit ... Convention relating to the Status of Stateless Persons ... United Nations Convention on Jurisdictional Immunities of States and Their Property ... United Nations Convention on the Use of Electronic Communications in International Contracts ... Convention on the Rights of Persons with Disabilities (August 31, 2008) Convention on the Protection and Promotion of the Diversity of Cultural Expressions 2005 (April 30, 2007) Convention for the Safeguarding of the Intangible Cultural Heritage (April 20, 2006) WHO Framework Convention on Tobacco Control (January 9, 2006) International Plant Protection Convention (October 20, 2005) Cartagena Protocol on Biosafety to the Convention on Biological Diversity (September 6, 2005) Kyoto Protocol to the United Nations Framework Convention on Climate Change (February 16, 2005) Stockholm Convention on Persistent Organic Pollutants (November 11, 2004) Agreement establishing the World Trade Organization (WTO) (December 11, 2001) World Trade Organization (WTO) - Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) (1994) (December 11, 2001) International Covenant on Economic, Social and Cultural Rights (June 27, 2001) Convention for the Protection of Cultural Property in the Event of Armed Conflict (April 5, 2000) Protocol to the Convention for the Protection of Cultural Property in the Event of Armed Conflict (April 5, 2000) International Convention for the Protection of New Varieties of Plants (UPOV) (April 23, 1999) United Nations Convention on the Law of the Sea (July 7, 1996) United Nations Framework Convention on Climate Change (March 21, 1994) Convention on Biological Diversity (December 29, 1993) Universal Copyright Convention as revised on 24 July 1971, with Appendix Declaration relating to Article XVII and Resolution concerning Article XI (October 30, 1992) Universal Copyright Convention of 6 September 1952, with Appendix Declaration relating to Article XVII and Resolution concerning Article XI (October 30, 1992) Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (February 28, 1990) United Nations Convention on Contracts for the International Sale of Goods (January 1, 1988) Convention concerning the Protection of the World Cultural and Natural Heritage (March 12, 1986) Protocol (I) Additional to the Geneva Conventions of 12 August 1949, and relating to the protection of victims of international armed conflicts (March 14, 1984) Protocol (II) Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (March 14, 1984) Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (June 28, 1957) Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea (June 28, 1957) Convention (IV) relative to the Protection of Civilian Persons in Time of War (June 28, 1957) Regional Economic Integration Treaties (Entry into force of the Treaty for the Contracting Party) First Agreement on Trade Negotiations among Developing Member Countries of the Economic and Social Commission for Asia and the Pacific (Bangkok Agreement) (January 1, 2002) IP-relevant Bilateral Treaties (Entry into force of the Treaty for the Contracting Party) Agreement between the Government of the Republic of China and the Government of the Belize on the Protection and Reciprocal Protection of Investments ... Memorandum of Understanding between Switzerland and China ... Free Trade Agreement between China and Peru (March 1, 2010) Agreement on Trade in Services between China and Pakistan (October 10, 2009) Free Trade Agreement between the Government of New Zealand and the Government of the People's Republic of China (October 1, 2008) Free Trade Agreement between China and Pakistan (July 1, 2007) Free Trade Agreement between Chile and China (October 1, 2006) Agreement on Trade in Goods of the Framework Agreement on Comprehensive Economic Cooperation between the Association of South East Asian Nations (ASEAN) and the People's Republic of China (January 1, 2005) Agreement between the Republic of Costa Rica and the Republic of China on Promotion and Reciprocal Protection of Investments (October 8, 2004) Agreement on Cooperation in the Field of Intellectual Property between the Government of Ukraine and the Government of the People's Republic of China (January 14, 2004) Closer Economic Partnership Arrangement between China and Macao (January 1, 2004) Agreement between the Government of the People's Republic of China and the Government of the Republic of Bolivia concerning the Encouragement and Reciprocal Protection of Investments (July 8, 2003) Framework Agreement on Comprehensive Economic Cooperation between the Association of South East Asian Nations and the People's Republic of China (July 1, 2003) Agreement between the Government of the Republic of Uzbekistan and the Government of the People's Republic of China on the Protection of Intellectual Property Rights (November 8, 1999) Agreement between the Government of the Republic of Chile and the Government of the People's Republic of China concerning the Encouragement and the Reciprocal Protection of Investment (October 14, 1995) Agreement between the Government of the People's Republic of China and the Government of the Argentine Republic on the Promotion and Reciprocal Protection of Investments (June 17, 1994) Agreement between the Government of the People's Republic of China and the Government of the Republic of Albania concerning the Encouragement and Reciprocal Protection of Investments (January 20, 1994) Agreement between Japan and China with Regards to Protection of Trademarks (March 1, 1978) Trade Agreement between Switzerland and the People's Republic of China (April 30, 1975)

Territory member	Hong Kong, China
Territory member	Macao, China
Relevant links	Directory of IP Offices

Last Updated April 27, 2013

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