China State Admins Released Legislative Work Plan for 2022

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

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

Friday, April 29, 2022

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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