State Council of China Issues Provisions on Handling of Foreign-Related Intellectual Property Disputes

On 21 February 2025, the Provisions on the Handling of Foreign-Related Intellectual Property Disputes were adopted by the State Council of China. The regulation, consisting of 18 articles, will take effect on 1 May 2025 and was formulated with a view to facilitating the handling of foreign-related intellectual property (IP) disputes in accordance with law, protecting the legitimate interests of entities involved in IP disputes, promoting high-level opening up, and fostering high-quality economic development.

The regulation underscores the major roles of the IP administration department and the commerce department under the State Council as well as the judicial administration department in the handling of IP disputes involving foreign parties, and specifies means of serving the purpose, such as by reinforcing overseas IP information inquiry and early warning services, and improving the procedures of handling such disputes. The regulation also calls for the participation of local governments at county or above level and relevant departments.

In the regulation, the use of mediation and arbitration is endorsed as an efficient means of resolving IP disputes; legal firms and IP agencies are encouraged to enhance their foreign-related IP service capability and establish branches or joint operations overseas to assist domestic entities in their rights protection; and industry associations and cross-border e-commerce platforms are urged to launch service platforms and offer training on foreign-related IP rights protection.