China 2021 Legislative Work Plan

Aaron Wininger

Email

408-278-4059

Bio and Articles

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

by: Aaron Wininger of Schwegman, Lundberg & Woessner, P.A. - China IP Law Update

Sunday, April 4, 2021

Print Mail Download

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