Introduction
CNIPA projects
Other relevant projects
Comment
On 26 April 2022, the China State Administration for Market Regulation (SAMR) released its 2022 Legislative Plan. The plan lists 69 legislative projects, including 14 laws and administrative regulations and 55 departmental rules, mainly covering the areas of:
- food and drug safety;
- intellectual property;
- monopoly;
- trade secrets; and
- industry standardisation.
The plan sets out priorities by breaking down these projects into category I projects (of which there are 36) and category II projects (of which there are 33).
Category I projects are more pressing, as the SAMR mandated that drafts of the enumerated laws, administrative regulations and departmental rules had to be submitted for compliance checks and internal scrutiny by 30 June 2022, before being subject to further deliberation at the SAMR by the end of 2022. There was no explicit deadline for category II projects.
In principle, where a category I project failed to make the 30 June submission deadline, it would be demoted to category II. This may have happened if a particular legislative project was left in abeyance or the draft was returned to the drafter where:
- drastic changes are to be made;
- there is great divergence over the major regime;
- the drafter failed to negotiate with the competent departments whose orbit the legislative project falls within;
- no consensus was reached during negotiation; or
- there was non-compliance with the statutory authority or procedure.
Of the 69 legislative projects, the China National Intellectual Property Administration (CNIPA) has been tasked to draft the following eight:
Category I:
- Regulations on the Supervision and Administration of Trademark Agency;
- Measures for the Registration and Administration of Collective Trademarks and Certification Trademarks;
- Provisions pertaining to patent examination and adjudication; and
- Several Provisions on Regulating the Patent Filing Behaviors.
Category II:
- Trademark Law of the People's Republic of China;
- Regulations for the Implementation of the Trademark Law of the People's Republic of China;
- Geographical Indications Law of the People's Republic of China; and
- Measures for the Protection of Official Signs.
Other legislative projects that may be relevant to brand owners include the following.
Category I:
- Anti-Unfair Competition Law of the People's Republic of China;
- Product Quality Law of the People's Republic of China;
- Provisions of the State Council on the Criteria for Declaration of Concentration of Undertakings;
- Regulations for the Implementation of the Drug Administration Law;
- Implementing Measures on Business Name Registration & Administration;
- Interim Provisions on the Prohibition of Abuse of Administrative Power to Exclude and Restrict Competition;
- Interim Provisions on the Prohibition of Monopolistic Agreement;
- Interim Provisions on the Prohibition of Abuse of Market Dominant Position;
- Provisions on the Prohibition of Abuse of Intellectual Property Rights to Exclude and Restrict Competition;
- Interim Provisions on the Examination over Concentration of Undertakings; and
- Measures for the Administration of Food Business Licensing and Recordal.
Category II:
- Measures of Administrative Reconsideration of the State Administration for Market Regulation;
- Interim Measures for the Administration of Lists of Enterprises with Abnormal Business Operation;
- Trade Secret Protection Regulations; and
- Measures for the Registration and Administration of Baby Formula Ingredients.
It is interesting that though the SAMR vowed to make a concerted effort with the legislature to push forward the amendment of the Implementation Rules of the Patent Law, among others, these rules were not included as a legislative project in the plan.
The SAMR has not yet provided any update on the progress of the legislative plan. So far, a few drafts have been released for public opinion, including:
- "Measures for the Registration and Administration of Collective Trademarks and Certification Trademarks";
- "Interim Provisions on the Prohibition of Abuse of Administrative Power to Exclude and Restrict Competition";
- "Interim Provisions on the Prohibition of Monopolistic Agreement"; and
- "Interim Provisions on the Prohibition of Abuse of Market Dominant Position" have been released to solicit public opinions.
For further information on this topic please contact Huimin Qin or Nan Jiang at Wanhuida Intellectual Property by telephone (+86 10 6892 1000) or email ([email protected] or [email protected]). The Wanhuida Intellectual Property website can be accessed at www.wanhuida.com.
An earlier version of this article was first published by IAM.