March 28, 2023

Volume XIII, Number 87

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March 28, 2023

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March 27, 2023

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China To Upgrade Status of the China National Intellectual Property Administration

On March 7, 2023, China released the 2023 State Council Institutional Reform Plan (Plan) (国务院机构改革方案). The National People’s Congress (NPC) is set to approve the Plan on March 9. The Plan will remove the China National Intellectual Property Administration from the State Administration of Market Regulation (SAMR) and make it a top-level agency under the State Council.  The SAMR will continue its enforcement of IP rights.

Per the Plan:

The building of a powerful intellectual property nation shall be accelerated, and the levels of creation, utilization, protection, management and service of intellectual property shall be comprehensively improved, and the National Intellectual Property Office administered by the State Administration for Market Regulation shall be adjusted to be directly under the State Council. Law enforcement functions in such fields as trademark and patent shall continue to be assumed by the SAMR, and the relevant law enforcement work shall be subject to the professional guidance of the CNIPA.

In addition the Plan proposes reorganizing the Ministry of Science and Technology and establishing a new National Data Administration (国家数据局) under the National Development and Reform Commission.

The full text of the Plan is available here: 国务院关于提请审议国务院机构改革方案的议案 (Chinese only).

© 2023 Schwegman, Lundberg & Woessner, P.A. All Rights Reserved.National Law Review, Volume XIII, Number 67
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About this Author

Aaron Wininger IP Attorney China Portfolio Development
Director of China Intellectual Property Law Practice Schwegman Lundberg & Woessner

Aaron Wininger is a Principal and Schwegman’s Director of China Intellectual Property. Aaron counsels both U.S. and Chinese companies on portfolio development and preparation of their patent applications and office action responses. He has worked with clients in the areas of software, networks (wired and wireless), lasers, medical devices, semiconductors and physics.

Aaron prosecutes both Chinese and U.S. trademarks. He has also drafted and prosecuted hundreds of U.S. and international patent applications in a broad spectrum of areas, including computer hardware and software, the...

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