No.2 Interpretations on several legal problems concerning IP infringement disputes by Supreme People’s Court

Released by: Supreme People’s Court

Released on: March 21, 2016

Enforced on: April 1, 2016

Supreme People’s Court’s Provisions on several problems concerning the handling of property preservation by courts

Released by: Supreme People’s Court

Released on: November 7, 2016

Enforced on: December 1, 2016

2016 Anti-unfair Competition Law of PRC (draft amendment for review)

Released by: Legislature Office of the State Council

Released on: Feb 25, 2016

After 23 years since the enforcement of the Anti-unfair Competition Law, the market situation of China has undergone extensive and profound changes, which makes it increasingly evident that the current law is out of date. The law is thus thoroughly amended to suit the current market. The amendment covers 30 articles of the total 33, which increased to 35 with 7 deleted and 9 added.

Draft Amendment of Patent Examination Guide released for public opinions

Released by: SIPO

Released on: Oct 27, 2016

This draft amendment provides that claims concerning business models shall not be excluded of its possibility of being granted with patent rights in accordance with Article 25 of China Patent Law, as long as said claims contain both business rules & methods and technical features at the same time.

The following guides are released for seeking public opinion.

Guide on Determination of Patent Infringement (Exposure Draft)

Guide on Evidence Rules in Patent Administrative Enforcement (Exposure Drafts)

Guide on Administrative Mediation for Other Patent Infringement Disputes (Exposure Draft)

Draft Amendment of Patent Law of PRC (for review)

Released on: December 2, 2015

Released by: Legislature Office of the State Council

First review on the Draft of E-Commerce Law

The Draft of E-Commerce Law was submitted to the 25th Meeting of the Standing Committee of National People's Congress for review.

Article 12 of the Draft provides: E-Commerce runners shall perform business registration in accordance with law. However, those providing personal service with own skills, household handicraftsmen, sellers of their own agricultural products are not required to make such registrations.

The article also provides that a natural person engaging in e-commerce on third party platforms shall submit the real information of his/her name, address, ID and contact details to the platform providers.