Ministry of Justice of China Invites Public Comments on Draft Provisions of the State Council on Handling Foreign-Related IP Disputese

On 29 July 2024, the Ministry of Justice of China issued a notice to solicit public opinions on the Provisions of the State Council on Handling Foreign-Related Intellectual Property Disputes (Draft for Public Comments). Interested parties may send their comments online (http://www.moj.gov.cn, http://www.chinalaw.gov.cn), via email (jkzc@moj.gov.cn) or by mail to the Third Bureau of Legislation of Ministry of Justice by the deadline of 28 August 2024. 

The draft Provisions, consisting of 12 articles, propose, among others, that the judicial administrative departments of the State Council shall set up or reinforce their databases on relevant foreign laws and regulations, and state that relevant departments of the State Council, local people's governments and their relevant departments shall strengthen guidance and services for handling foreign-related IP disputes. 

The draft Provisions also endorse commercial mediation organisations and arbitration institutions to take part in the resolution of foreign-related IP disputes, and encourage law firms and IP agencies to establish practicing entities abroad in the form of branches and joint operations to provide high-quality and efficient foreign-related IP and related legal services.