China Laws and Regulations Update in October 2023

1. Decision to Amend the Provisions of the Supreme People’s Court on Several Issues Concerning Intellectual Property Tribunal

Promulgated by Supreme People’s Court

Promulgation date: 27 October, 2023

Implementation date: 1 November, 2023

Document number: LI [2023] No. 10

The Decision amends the original Article 2, clarifying the scope of the Intellectual Property Tribunal’s hearing of appeal cases and the circumstances under which other cases may be heard. At the same time, Article 3 is amended to read: “The lower people’s court hearing the case referred to in Article 2 of these Provisions shall, in accordance with the provisions, promptly transfer the paper and electronic files to the Intellectual Property Tribunal.” The Decision adds an article as Article 4: “The Intellectual Property Tribunal may require the parties to disclose the information on relevant cases involving the ownership of, infringement upon, granting and confirmation of the intellectual property rights involved in the case. A party’s refusal to make a truthful disclosure may be taken as a consideration in determining whether it follows the principle of good faith and constitutes an abuse of rights, etc.” The Decision also makes changes to other articles. (Source:The Supreme People’s Court website)