China’s National People’s Congress Latest Work Plan Includes Patent and Copyright Law Amendments in 2020

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On June 20, 2020, the National People’s Congress of the People’s Republic of China released their NPC Standing Committee 2020 Legislation Work Plan.  The plan includes amendments to the Copyright law, a draft of which was already released earlier this year, and the Patent law, a draft of which was released over a year ago. Additional legislative projects relating to intellectual property law include promulgating a new personal information protection law and a new data security law.

Per the plan, there are currently 12 projects under review:

LAW STATUS/REVIEW DATE
Civil Code Adopted
Law on the Prevention and Control of Environmental Pollution by Solid Waste Adopted
Biosecurity Law April
Public Officers Administrative Punishment Act June
Patent Law June
Export Control Law  June
Archives Law June
Minor Protection Law  June
City Maintenance and Construction Tax Law  August
Deed tax law  August
Law on the Prevention of Juvenile Delinquency August
Yangtze River Protection Law October

There are 29 laws undergoing a first review:

1. Decision on establishing and improving the legal system and enforcement mechanism of the Hong Kong Special Administrative Region to safeguard national security (passed)

2. Decision on comprehensively prohibiting illegal wildlife trade, eradicating the abuse of wild animals, and effectively guaranteeing the health and safety of the people (passed)

3. Animal Epidemic Prevention Law (Revised) (already submitted for review)

4. Copyright Law (Revision) (already submitted for review)

5. Law of the People’s Armed Police (Revised) (already submitted for review)

6. Organic Law of the National People’s Congress (Revision), Rules of Procedure of the National People’s Congress (Revision)

7. Electoral Law of the National People’s Congress and Local People’s Congresses at all levels (revised)

8. National Flag Law (Revision), National Emblem Law (Revision)

9. Administrative Penalty Law (Revision)

10. Administrative Review Law (Revision)

11. Public Security Management Penalty Law (Revision)

12. Maritime Traffic Safety Law (Revision)

13. Wildlife Protection Law (Revision)

14. Frontier Health and Quarantine Law (Revision)

15. Infectious Disease Prevention Law (Revision), Emergency Response Law (Revision)

16. Military Service Law (Revision)

17. Safety Production Law (Revision)

18. Criminal Law Amendment (11)

19. Ombudsman Act

20. Land Border Law

21. Personal Information Protection Law

22. Data Security Law

23. Village Promotion Promotion Act

24. Futures Law

25. Hainan Free Trade Port Law

26. Social Assistance Law

27. Retired Army Support Law

28. Legal Aid Law

29. Anti-Organized Crime Law

We’ll publish more information as further details are released.

Author: Aaron Wininger

Aaron Wininger is a Principal and Director of the China Intellectual Property at Schwegman Lundberg & Woessner.

Author: Aaron Wininger

Aaron Wininger is a Principal and Director of the China Intellectual Property at Schwegman Lundberg & Woessner.