On 19 Dec. 2023, the Beijing Intellectual Property Court issued the Guidelines for Handling Supporting Documents Certifying the Subject Qualification in Foreign-related Cases. The Guidelines is available in both Chinese and English.
The Guidelines explains in detail the authentication procedures for relevant documents in combination with the relevant contents of the Convention on the Abolition of Requirements for the Authentication of Foreign Public Documents that came into effect in China on November 7, 2023. Furthermore, practical opinions from such institutions as the Beijing Lawyers Association, the All China Lawyers Association, the All-China Patent Attorneys Association, CCPIT Patent & Trademark Law Office, and China Patent Agent (H.K) Ltd were referenced during the compilation of the Guidelines.
The Guidelines primarily covers the guidelines for handling such supporting documents in six countries in Asia, Europe, and the Americas.
The Guidelines can neither encompass all countries and regions nor provide all forms of supporting documents for the subject's qualification. Therefore, parties concerned in and attorneys for foreign-related cases may still submit to the court documents in other forms, provided that such documents are authentic and valid and can prove the subject qualification.
Beijing Intellectual Property Court indicated that they will keep refining and supplementing the Guidelines based on the practical experience in hearing foreign-related cases and opinions and suggestions from various sources.
Contributors: CJO Staff Contributors Team
