China’s State Administration for Market Regulation Releases 2021 Legislative Work Plan

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On April 1, 2021, China State Administration for Market Regulation (SAMR) released the 2021 legislative work plan (国家市场监督管理总局2021年立法工作计划), with 8 of the 61 matters related to intellectual property law. The 8 cover patent, trademark and trade secret matters including laws and administrative regulations and departmental rules.

The 8 IP-related legislative items include Regulations on the Protection of Trade Secrets; Rules for the Implementation of the Patent Law of the People’s Republic of China; Measures for the Protection of Official Signs; Measures for the Administration of Trademark Agencies; Several Provisions Regarding the Regulation of Patent Application Behavior; Several Provisions Regarding Unfair Competition Acts That Prohibit Counterfeiting Unique Names, Packaging, and Decorations of Well-Known Commodities; Measures for the Supervision and Administration of Product Anti-counterfeiting; Regulations on the identification and protection of well-known trademarks; and Measures for the Registration and Administration of Collective Trademarks and Certification Trademarks.

While no specific dates were specified, the above-mentioned Rules are expected to be released by June 1, 2021 when the newly amended patent law comes into force.  CNIPA has already released draft implementation rules for the amended Patent Law (专利法实施细则修改建议(征求意见稿)) for comment in November 2020.

The above-mentioned Provisions presumably relate to irregular applications (e.g., fraudulent patent applications), which the CNIPA has been cracking down on.  CNIPA already released “Measures Regarding the Regulation of Patent Applications” (关于规范申请专利行为的办法) in March this year.  (Note, these Provisions may refer to the already released Measures and no further provisions will be released.)

The full list of legislative matters follows:

Laws and administrative regulations

Serial number

project name

Drafting unit

1

Product Quality Law of the People’s Republic of China

Quality Supervision Department

Quality Development Agency

2

Provisions on Administrative Penalties for Illegal Pricing

Price Supervision and Competition Bureau

3

Regulations of the People’s Republic of China on the Administration of Industrial Product Licenses

Quality Supervision Department

4

Regulations of the People’s Republic of China on Certification and Accreditation

Certification Supervision Department

Accredited Testing Department

5

Regulations for the Implementation of the Drug Administration Law of the People’s Republic of China

Drug Administration

6

Rules for the Implementation of the Patent Law of the People’s Republic of China

CNIPA

  Departmental rules

Category I legislative items

Serial number

project name

Drafting unit

1

Measures for the Administration of Authorized Registration of Foreign-invested Enterprises

Registry

2

Implementation Measures for the Administration of Enterprise Name Registration

Registry

3

Interim Measures for the Settlement of Enterprise Name Disputes

Registry

4

Interim Provisions on the Publicity of Administrative Punishment Information on Market Supervision and Administration

Credit Supervision Department

5

Regulations on clearly marking prices and prohibiting price fraud

Price Supervision and Competition Bureau

6

Regulations on the Protection of Trade Secrets

Price Supervision and Competition Bureau

7

Several Provisions on Prohibiting Unfair Competition on the Internet

Price Supervision and Competition Bureau

8

Measures for the Supervision and Treatment of Contract Illegal Acts

Network Supervisor

9

Interim Measures for the Supervision and Administration of the Quality and Safety of Food-Related Products

Quality Supervision Department

10

Measures for the Supervision, Inspection and Administration of Food Production and Operation

Food Production Division

11

Measures for the Administration of Food Business Licenses

Food Management Department

12

Measures for the Administration of Product Formula Registration of Infant Formula Milk Powder

Special Food Division

13

Measures for the Administration of Safety Supervision and Inspection of Special Equipment

Special Equipment Bureau

14

Special equipment accident report and investigation and handling regulations

Special Equipment Bureau

15

Measurement and Calibration Management Measures

Metrology Department

16

Measures for the Supervision and Administration of Quantitative Packaging Commodities Measurement

Metrology Department

17

Measures for the Administration of New Products of Measuring Instruments

Metrology Department

18

Measures for the Administration of Measurement Comparison

Metrology Department

19

National Standards Management Measures

Standard Technology Division

20

Agricultural Standardization Management Measures

Standard Technology Division

21

Enterprise Standardization Management Measures

Standard Innovation Division

22

Industry Standard Management Measures

Standard Innovation Division

23

Certification and certification training, consulting personnel management measures

Certification Supervision Department

24

Organic Product Certification Management Measures

Certification Supervision Department

Drug Administration, Intellectual Property Office

25

Measures for the Supervision and Administration of Drug Sales

Drug Administration

26

Measures for the Supervision and Administration of Online Drug Sales

Drug Administration

27

Measures for the Supervision and Administration of the Production and Operation of Cosmetics

Drug Administration

28

Measures for the Supervision and Administration of Toothpaste

Drug Administration

29

Medical device adverse event monitoring and re-evaluation management measures

Drug Administration

30

Measures for the Administration of Medical Device Registration

Drug Administration

31

Measures for the Administration of the Registration of In Vitro Diagnostic Reagents

Drug Administration

32

Measures for the Supervision and Administration of the Production of Medical Devices

Drug Administration

33

Measures for the Supervision and Administration of Medical Device Operation

Drug Administration

34

Measures for the Protection of Official Signs

CNIPA

35

Measures for the Administration of Trademark Agencies

CNIPA

36

Several Provisions Regarding the Regulation of Patent Application Behavior

CNIPA

Category II Legislative Items

Serial number

project name

Drafting unit

37

Measures for the Determination of Illegal Income in Cases of Administrative Penalty for Market Supervision and Administration

Regulations Department

38

Detailed Rules for the Implementation of the Regulations on the Registration and Administration of Commercial Subjects

Registry

39

Interim Measures for the Spot Check of Enterprise Public Information

Credit Supervision Department

40

Interim Measures for the Management of the List of Abnormal Business Operations

Credit Supervision Department

41

Interim Measures for Annual Reports of Individual Industrial and Commercial Households

Credit Supervision Department

42

Interim Measures for the Publicity of Annual Reports of Farmers’ Professional Cooperatives

Credit Supervision Department

43

Interim Measures for the Administration of the List of Seriously Illegal and Untrustworthy Enterprises

Credit Supervision Department

44

Several Provisions Regarding Unfair Competition Acts That Prohibit Counterfeiting Unique Names, Packaging, and Decorations of Well-Known Commodities

Price Supervision and Competition Bureau

45

Interim Measures for the Administration of Internet Advertising

Advertising Supervision Department

46

Measures for the Supervision and Administration of Product Anti-counterfeiting

Quality Development Agency

47

Measures for Mandatory Reporting, Investigation and Handling of Product Quality and Safety Incidents

Quality Development Agency

48

Measures for the Quality Supervision and Administration of Fiber Products

Quality Supervision Department

49

Measures for the Implementation of the Regulations on the Administration of Industrial Product Licenses

Quality Supervision Department

50

Measures for the Supervision and Administration of the Quality and Safety of Edible Agricultural Products Market Sales

Food Management Department

51

Measures for the Administration of the Registration of Formula Foods for Special Medical Purposes

Special Food Division

52

Measures for the Supervision and Administration of Special Equipment Operators

Special Equipment Bureau

53

Measures for the Supervision and Administration of Statutory Metrology Inspection Institutions

Metrology Department

54

Management Measures for Professional Metering Stations

Metrology Department

55

National Metrological Verification Regulations Management Measures

Metrology Department

56

Adopt international standard management methods

Standard Innovation Division

57

Measures for the Administration of Article Coding and Marking

Standard Innovation Division

58

Mandatory Product Certification Institutions and Laboratory Management Measures

Certification Supervision Department

Drug Administration, Intellectual Property Office

59

Measures for the Supervision and Administration of the Quality of the Use of Medical Devices

Drug Administration

60

Regulations on the identification and protection of well-known trademarks

CNIPA

61

Measures for the Registration and Administration of Collective Trademarks and Certification Trademarks

CNIPA

Author: Aaron Wininger

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

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Author: Aaron Wininger

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