China’s State Administration for Market Regulation Releases Legislative Work Plan for 2022

Share Post:

On April 27, 2022, China’s State Administration for Market Regulation released the State Administration for Market Regulation on Printing and Distributing Notice of Legislative Work Plan for 2022 (市场监管总局关于印发2022年立法工作计划的通知), which includes several intellectual property laws and administrative regulations among the 69 projects identified.

IP-Related laws, regulations and rules, etc. are highlighted in the tables below.  Note that the Detailed Implementation Rules of the Patent Law are not listed below but are mentioned in the text of the plan. Hopefully, the Rules will be completed soon to clarify how patent term adjustments, patent term extensions and other changes made in the 2021 Patent Law will be implemented.

State Administration for Market Regulation 2022 Legislative Item List
 
Category 1 Legislative Items
 
laws and administrative regulations
 
Project Name
Drafting unit
1
Anti-Unfair Competition Law of the People’s Republic of China
Price Supervision and Competition Bureau
2
Product Quality Law of the People’s Republic of China
Quality Supervision Division
3
Provisions of the State Council on the Standards for Declaration of Concentration of Business Operators
Antitrust Division II
4
Provisions on Administrative Penalties for Price Violations
Price Supervision and Competition Bureau
5
Regulations for the Implementation of the Drug Administration Law of the People’s Republic of China
State Food and Drug Administration
Departmental rules
6
Measures for the Determination of Illegal Gains from Administrative Penalties for Market Supervision and Administration
Regulatory Division
7
Implementation Measures for the Administration of Enterprise Name Registration
registry office
8
Interim Provisions on Suppressing Abuse of Administrative Power to Exclude and Restrict Competition
Competition Coordination Division
9
Interim Provisions on Prohibition of Monopoly Agreements
Antitrust Division I
10
Interim Provisions on Prohibition of Abuse of Dominant Market Position
Antitrust Division I
11
Provisions on Prohibition of Abuse of Intellectual Property Rights to Exclude and Restrict Competition
Antitrust Division I
12
Interim Provisions on Review of Concentration of Business Operators
Antitrust Division II
13
Measures for the Administration of Contract Administrative Supervision
Network Supervision Department
14
Measures for the Administration of Internet Advertising
Advertising Regulation Division
15
Interim Measures for the Supervision and Administration of the Quality and Safety of Food-related Products
Quality Supervision Division
16
Measures for the Administration of Food Business Licensing and Filing
Food Business Division
17
Measures for the Administration of the Registration of Formulas for Special Medical Purposes
Specialty Foods Division
18
Measures for the Administration of Safety Supervision and Inspection of Special Equipment
Bureau of Special Equipment
19
Measures for the Administration of Special Equipment Operators
Bureau of Special Equipment
20
Measurement and Calibration Management Measures
Metrology Division
21
Measures for the Supervision and Administration of the Measurement of Quantitative Packaged Commodities
Metrology Division
22
Measurement and comparison management method
Metrology Division
23
Measures for the Administration of New Products of Measuring Instruments
Metrology Division
24
Measures for the Administration of Statutory Metrological Verification Institutions
Metrology Division
25
Measures for the Management of Professional Metering Stations
Metrology Division
26
Measures for the Administration of National Standards
standard technology division
27
Enterprise Standardization Management Measures
Standard Innovation Division
28
Measures for the Supervision and Administration of the Quality of Drug Distribution and Use
State Food and Drug Administration
29
Measures for the Supervision and Administration of Drug Online Sales
State Food and Drug Administration
30
Measures for the Supervision and Administration of Medical Device Production
State Food and Drug Administration
31
Measures for the Supervision and Administration of the Operation of Medical Devices
State Food and Drug Administration
32
Measures for the Supervision and Administration of Toothpaste
State Food and Drug Administration
33
Regulations on the Supervision and Administration of Trademark Agency
China National Intellectual Property Administration
34
Provisions on Patent Examination and Trial
China National Intellectual Property Administration
35
Several Provisions on Regulating the Behavior of Patent Application
China National Intellectual Property Administration
36
Measures for the Registration and Administration of Collective Marks and Certification Marks
China National Intellectual Property Administration
 
The second category of legislative projects
 
laws and administrative regulations
serial number
project
Drafting unit
37
Price Law of the People’s Republic of China
Price Supervision and Competition Bureau
38
Geographical Indications Law of the People’s Republic of China
China National Intellectual Property Administration
39
Trademark Law of the People’s Republic of China
China National Intellectual Property Administration
40
Individual Industrial and Commercial Household Regulations
registry office
41
Interim Provisions on Suppression of Profiteering
Price Supervision and Competition Bureau
42
Special Equipment Safety Supervision Regulations
Bureau of Special Equipment
43
Regulations of the People’s Republic of China on Certification and Accreditation
Certification and Supervision Division
44
Regulations on the Protection of Chinese Medicine Varieties
State Food and Drug Administration
45
Regulations for the Implementation of the Trademark Law of the People’s Republic of China
China National Intellectual Property Administration
Departmental rules
46
Administrative Reconsideration Measures of the State Administration for Market Regulation
Regulatory Division
47
Regulations on Prohibiting the Illegal Production and Sale of Special Equipment for Eavesdropping and Eavesdropping and “Pseudo Base Station” Equipment
Law Enforcement Inspection Bureau
48
Interim Measures for Sampling Inspection of Enterprise Public Information
credit supervision department
49
Interim Measures for the Administration of the List of Enterprises with Abnormal Operation
credit supervision department
50
Interim Measures for the Annual Report of Individual Industrial and Commercial Households
credit supervision department
51
Interim Measures for the Publicity of Annual Reports of Farmers’ Professional Cooperatives
credit supervision department
52
Trade Secret Protection Regulations
Price Supervision and Competition Bureau
53
Responsibilities for Repair, Replacement and Return of Consumer Goods
Quality Development Bureau
54
Measures for the Supervision and Administration of Product Anti-counterfeiting
Quality Development Bureau
55
Measures for the Implementation of the Regulations of the People’s Republic of China on the Administration of Production Licenses for Industrial Products
Quality Supervision Division
56
Measures for the Quality Supervision and Administration of Fiber Products
Quality Supervision Division
57
Measures for the Administration of Food Safety Inspectors
Food Production Division
58
Measures for the Supervision and Administration of Food Entrusted Production
Food Production Division
59
Measures for the Administration of Food Safety in Railway Operation
Food Business Division
60
Measures for the Supervision and Administration of the Quality and Safety of the Market Sales of Edible Agricultural Products
Food Business Division
61
Measures for the Administration of Product Formula Registration of Infant Formula Milk Powder
Specialty Foods Division
62
Measures for the Administration of National Metrological Verification Regulations
Metrology Division
63
Measures for the Administration of Restricted Use of Non-Statutory Units of Measurement
Metrology Division
64
Administrative Measures for Standardization of Agriculture and Rural Areas
standard technology division
65
Industry Standard Management Measures
Standard Innovation Division
66
Adopt international standard management methods
Standard Innovation Division
67
Management Measures for Certified Personnel
Certification and Supervision Division
68
Measures for the Administration of Monitoring and Re-evaluation of Medical Device Adverse Events
State Food and Drug Administration
69
Measures for the Protection of Official Signs
China National Intellectual Property Administration

The full text of the Notice is available here (Chinese only).

Author: Aaron Wininger

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

Author: Aaron Wininger

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