On 19 Mar. 2025, China issued the “Regulations of the State Council on Handling Foreign-Related Intellectual Property (IP) Disputes” (hereinafter the “Regulations”, 国务院关于涉外知识产权纠纷处理的规定), which will take effect on 1 May 2025.
The Regulations consists of 18 articles covering dispute resolution services, enterprise capacity building, cross-border evidence collection rules, and countermeasures. They respond to the practical challenges of the increasing number of IP disputes arising from globalization.
According to the Regulations, the government will strengthen services related to IP information inquiry, risk alerts, and rights protection guidance. Commercial mediation organizations and arbitration institutions are encouraged to participate in dispute resolution, while law firms and service providers are urged to enhance their capabilities in handling foreign-related business.
The Regulations specifies that overseas evidence collection must comply with Chinese laws and international treaties. In cases of unfair treatment by foreign parties - such as using IP disputes as an excuse to suppress China, imposing discriminatory restrictions on Chinese citizens or organizations, or interfering in China’s internal affairs - relevant Chinese authorities may investigate and take countermeasures and restrictive actions in accordance with the law.
Photo by Jéan Béller on Unsplash
Contributors: CJO Staff Contributors Team
