China Laws and Regulations Update in January 2023

1. Instructions on Improving Legal Protection of Intellectual Property Rights Relating to Traditional Chinese Medicines

Promulgated by Supreme People’s Court

Promulgation date: 22 December 2022

Document number: FF[2022]34

The Instructions consists of three parts and sixteen articles which are specific provisions relating to the role of judicial authorities in legal protection of intellectual property rights in traditional Chinese medicines and improvement of the ability to administer law to give legal protection of traditional Chinese medicine patents, business marks, trade and state secrets, copyrights and related rights, raw materials of traditional Chinese medicines, various products made from traditional Chinese medicines, etc. and more vigorously maintain the fair competition order on the traditional Chinese medicine market, protect legal interests of traditional Chinese medicine innovators and fight infringement of intellectual property rights in traditional Chinese medicines. The Instructions focuses on main areas and key issues relating to traditional Chinese medicines and is a guide for legal professionals to deal with cases arising from intellectual property rights in traditional Chinese medicines. To improve the protection of traditional Chinese medicine patents, the Instructions suggests following the development law of traditional Chinese medicines, understanding characteristics of traditional Chinese medicine innovation and improving rules on legal protection of patents in traditional Chinese medicine areas. (Source: SPC website)

2. Instructions on Legal Services and Support to Boost Consumption

Promulgated by Supreme People’s Court

Promulgation date: 27 December 2022

Document number: FF[2022]35

The Instructions includes thirty measures to support services from four aspects, i.e. 1. legal protection of consumer rights, 2. legal protection of manufacturer’s and businessperson’s rights and 3. maintenance of a trustworthy and fair market environment and 4. further improvement of the legal service ability. The Instructions stresses that platform’s monopolistic and unfair competition acts of forcing customers to choose from “two options”, discriminatory treatment, false advertising, click farming, tie-in sale, etc. should be legally regulated; active action should be taken to establish a set of rules connected with the mechanism of the list of people acting in bad faith in the consumption area, promote cooperation in developing the platform for disclosing details of manufacturers and businesspersons acting in bad faith or illegally and create a social credit system that could boost consumers’ confidence; appropriately deal with circulation of goods, etc. cases, legally rectify improper administrative acts of illegally setting up a checkpoint, blocking transport, etc. and facilitate the smoothness and order of cross-region transport. (Source: SPC website)

3. Rules on Mining Right Transfer Deals

Promulgated by Ministry of Natural Resources

Promulgation date: 3 January 2023

Implementation date: 3 January 2023

The Rules states that mining rights should be transferred on the open transaction platform according to relevant Chinese laws and incorporated into the uniform public resource transaction platform system. It further states that mining right transfer by tender, auction or listing should be performed on the uniform public resource transaction platform system. Mining right transfer by tender, auction or listing by a local natural resource authority should be performed on a transaction platform with the same level of authority or a transaction platform authorized by the natural resource authority. The work on mining right transfer by tender, auction or listing required for the power of registration transfer by the Ministry of Natural Resources should be performed by the transaction platform organized by the natural resource authority authorized by the Ministry of Natural Resources. (Source: MNR website)

4. Rules on the Work to Connect Administrative Law and Criminal Law Administration in Medical Areas

Promulgated by National Medical Products Administration, State Administration of Market Supervision, Ministry of Public Security, Supreme People’s Court and Supreme People’s


Promulgation date: 18 January 2023

Implementation date: 1 February 2023

Document number: GYJF[2022]41

The Rules consists of six chapters and forty six articles mainly to improve the work to combine administration law and criminal law administration in five areas, i.e, 1. clarification of boundaries of responsibilities of drug administrations, the police, prosecution authorities, courts, etc.; 2. improvement of conditions, time limits and supervision of case transfer, rules on reverse transfer by the police and prosecution authorities and specific provisions relating to the work procedures, process and period, documents, etc. to improve the feasibility; 3. inspection, assessment, transfer, custody and handling procedures for objects in dispute; 4. cooperation and supervision; 5. information sharing and reporting. In the Rules, additional provisions include ones combined with administrative detention, combining administrative and criminal punishment, combined with administrative rules, etc. to clarify the work and duties of departments concerned. (Source: NMPA Website)

5. Regulations of Protecting Rights of Consumers of Banks and Insurers

Promulgated by CBIRC

Promulgation date: 26 December 2022

Implementation date: 1 March 2023

Document number: CBIRC Order Order No.9 of 2022

The Regulations consists of eight chapters and fifty seven articles. In terms of suitability, the Regulations specifies that banks and insurers should establish a mechanism for the suitability of products for consumers to evaluate, classify and manage product risks, appraise risk awareness, preference and tolerance of consumers and provide suitable products for consumers. In addition, the Rules requires that banks and insurers ensure risks are appropriate to benefits, prices are fair and calculations are accurate when providing consumers with products and services. In terms of traceability, the Rules specifies that banks and insurers should legally establish a mechanism for the traceability of sales, make and retain recordings of the process of selling products and services, use modern information technology to facilitate the traceability management and realize the traceability of key steps, accessibility of important information and responsibility for related issues. (Source: CBIRC website)

6. Provisional Rules on Handling Examination Matters Relating to Revised Patent Law after its Effective Date

Promulgated by China National Intellectual Property Administration

Promulgation date:5 January 2023

Implementation date: 11 January 2023

Document number: CNIPA Announcement No.510

According to the Rules, from 1 June 2021, patent applicants may file paper or electronic applications for protecting appearance design patents on parts of the product pursuant to Article 2.4 of the patent law. The Rules mentions that from the effective date of the Rules, applicants may file paper or electronic applications relating to patent applications filed after 1 June 2021 if they believe any of the events set out in Article 24.1 of the patent law occurs. The Chinese intellectual property agency will examine the above applications after the new amendment to the detailed rules on the patent law takes effect. For appearance design patent applications filed after 1 June 2021, applicants may submit a written statement of claims for domestic priority to the appearance design patent. (Source: CNIPA website)

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