First published by IAM

Authored by Qin Huimin & Jiang Nan

On 26^th April 2022, China State Administration for Market Regulation (SAMR) releases its 2022 Legislative Plan (the Plan). The Plan lists 69 legislative projects, including 14 laws and administrative regulations and 55 departmental rules, mainly covering areas of food and drug safety, intellectual property, monopoly, trade secret, industry standardization and so forth. It sets forth priorities by breaking down these projects into two categories: Category I projects (36) and Category II projects (33).

Category I projects are more pressing, as the SAMR mandates that drafts of the enumerated laws, administrative regulations and departmental rules are to be submitted for compliance check and internal scrutiny by 30^th June 2022, before being subject to further deliberation at the SAMR level by the end of this year. There is no explicit deadline for Category II projects though.

In principle, should a Category I project fail to make the 30^th June submission deadline, it will be demoted to Category II. This could happen if a particular legislative project is left in abeyance or the draft is returned to the drafter, in any of the following circumstances: 1) in case of drastic changes, 2) in case of great divergence over the major regime, 3) in case the drafter fails to negotiate with the competent departments whose orbit the legislative project falls within or no consensus has been reached during negotiation, or 4) in case of noncompliance with the statutory authority or procedure.

Of the 69 legislative projects, the China National Intellectual Property Administration (CNIPA) is tasked to draft the following eight:

Category I:

1) Regulations on the Supervision and Administration of Trademark Agency

2) Measures for the Registration and Administration of Collective Trademarks and Certification Trademarks

3) Provisions pertaining to patent examination and adjudication

4) Several Provisions on Regulating the Patent Filing Behaviors

Category II:

5) Trademark Law of the People’s Republic of China

6) Regulations for the Implementation of the Trademark Law of the People’s Republic of China

7) Geographical Indications Law of the People’s Republic of China

8) Measures for the Protection of Official Signs

Other legislative projects in which brand owners may have a stake include, inter alia:

Category I:

1) Anti-Unfair Competition Law of the People’s Republic of China

2) Product Quality Law of the People’s Republic of China

3) Provisions of the State Council on the Criteria for Declaration of Concentration of Undertakings

4) Regulations for the Implementation of the Drug Administration Law

5) Implementing Measures on Business Name Registration & Administration

6) Interim Provisions on the Prohibition of Abuse of Administrative Power to Exclude and Restrict Competition

7) Interim Provisions on the Prohibition of Monopolistic Agreement

8) Interim Provisions on the Prohibition of Abuse of Market Dominant Position

9) Provisions on the Prohibition of Abuse of Intellectual Property Rights to Exclude and Restrict Competition

10) Interim Provisions on the Examination over Concentration of Undertakings

11) Measures for the Administration of Food Business Licensing and Recordal

Category II:

1) Measures of Administrative Reconsideration of the State Administration for Market Regulation

2) Interim Measures for the Administration of Lists of Enterprises with Abnormal Business Operation

3) Trade Secret Protection Regulations

4) Measures for the Registration and Administration of Baby Formula Ingredients

It is interesting that though the SAMR vows to make a concerted effort with legislator to push forward the amendment of the Implementation Rules of the Patent Law (the Rules), among others, the Rules has yet been listed as a legislative project in the Plan.