/>iOn April 27, 2022, China’s State Administration for Market Regulation released the State Administration for Market Regulation on Printing and Distributing Notice of Legislative Work Plan for 2022 (市场监管总局关于印发2022年立法工作计划的通知), which includes several intellectual property laws and administrative regulations among the 69 projects identified.
IP-Related laws, regulations and rules, etc. are highlighted in the tables below. Note that the Detailed Implementation Rules of the Patent Law are not listed below but are mentioned in the text of the plan. Hopefully, the Rules will be completed soon to clarify how patent term adjustments, patent term extensions and other changes made in the 2021 Patent Law will be implemented.
State Administration for Market Regulation 2022 Legislative Item List
Category 1 Legislative Items
laws and administrative regulations
|
Project Name |
Drafting unit |
|
|
1 |
Anti-Unfair Competition Law of the People’s Republic of China |
Price Supervision and Competition Bureau |
|
2 |
Product Quality Law of the People’s Republic of China |
Quality Supervision Division |
|
3 |
Provisions of the State Council on the Standards for Declaration of Concentration of Business Operators |
Antitrust Division II |
|
4 |
Provisions on Administrative Penalties for Price Violations |
Price Supervision and Competition Bureau |
|
5 |
Regulations for the Implementation of the Drug Administration Law of the People’s Republic of China |
State Food and Drug Administration |
|
Departmental rules
|
||
|
6 |
Measures for the Determination of Illegal Gains from Administrative Penalties for Market Supervision and Administration |
Regulatory Division |
|
7 |
Implementation Measures for the Administration of Enterprise Name Registration |
registry office |
|
8 |
Interim Provisions on Suppressing Abuse of Administrative Power to Exclude and Restrict Competition |
Competition Coordination Division |
|
9 |
Interim Provisions on Prohibition of Monopoly Agreements |
Antitrust Division I |
|
10 |
Interim Provisions on Prohibition of Abuse of Dominant Market Position |
Antitrust Division I |
|
11 |
Provisions on Prohibition of Abuse of Intellectual Property Rights to Exclude and Restrict Competition |
Antitrust Division I |
|
12 |
Interim Provisions on Review of Concentration of Business Operators |
Antitrust Division II |
|
13 |
Measures for the Administration of Contract Administrative Supervision |
Network Supervision Department |
|
14 |
Measures for the Administration of Internet Advertising |
Advertising Regulation Division |
|
15 |
Interim Measures for the Supervision and Administration of the Quality and Safety of Food-related Products |
Quality Supervision Division |
|
16 |
Measures for the Administration of Food Business Licensing and Filing |
Food Business Division |
|
17 |
Measures for the Administration of the Registration of Formulas for Special Medical Purposes |
Specialty Foods Division |
|
18 |
Measures for the Administration of Safety Supervision and Inspection of Special Equipment |
Bureau of Special Equipment |
|
19 |
Measures for the Administration of Special Equipment Operators |
Bureau of Special Equipment |
|
20 |
Measurement and Calibration Management Measures |
Metrology Division |
|
21 |
Measures for the Supervision and Administration of the Measurement of Quantitative Packaged Commodities |
Metrology Division |
|
22 |
Measurement and comparison management method |
Metrology Division |
|
23 |
Measures for the Administration of New Products of Measuring Instruments |
Metrology Division |
|
24 |
Measures for the Administration of Statutory Metrological Verification Institutions |
Metrology Division |
|
25 |
Measures for the Management of Professional Metering Stations |
Metrology Division |
|
26 |
Measures for the Administration of National Standards |
standard technology division |
|
27 |
Enterprise Standardization Management Measures |
Standard Innovation Division |
|
28 |
Measures for the Supervision and Administration of the Quality of Drug Distribution and Use |
State Food and Drug Administration |
|
29 |
Measures for the Supervision and Administration of Drug Online Sales |
State Food and Drug Administration |
|
30 |
Measures for the Supervision and Administration of Medical Device Production |
State Food and Drug Administration |
|
31 |
Measures for the Supervision and Administration of the Operation of Medical Devices |
State Food and Drug Administration |
|
32 |
Measures for the Supervision and Administration of Toothpaste |
State Food and Drug Administration |
|
33 |
Regulations on the Supervision and Administration of Trademark Agency |
China National Intellectual Property Administration |
|
34 |
Provisions on Patent Examination and Trial |
China National Intellectual Property Administration |
|
35 |
Several Provisions on Regulating the Behavior of Patent Application |
China National Intellectual Property Administration |
|
36 |
Measures for the Registration and Administration of Collective Marks and Certification Marks |
China National Intellectual Property Administration |
|
The second category of legislative projects
laws and administrative regulations
|
||
|
serial number |
project |
Drafting unit |
|
37 |
Price Law of the People’s Republic of China |
Price Supervision and Competition Bureau |
|
38 |
Geographical Indications Law of the People’s Republic of China |
China National Intellectual Property Administration |
|
39 |
Trademark Law of the People’s Republic of China |
China National Intellectual Property Administration |
|
40 |
Individual Industrial and Commercial Household Regulations |
registry office |
|
41 |
Interim Provisions on Suppression of Profiteering |
Price Supervision and Competition Bureau |
|
42 |
Special Equipment Safety Supervision Regulations |
Bureau of Special Equipment |
|
43 |
Regulations of the People’s Republic of China on Certification and Accreditation |
Certification and Supervision Division |
|
44 |
Regulations on the Protection of Chinese Medicine Varieties |
State Food and Drug Administration |
|
45 |
Regulations for the Implementation of the Trademark Law of the People’s Republic of China |
China National Intellectual Property Administration |
|
Departmental rules
|
||
|
46 |
Administrative Reconsideration Measures of the State Administration for Market Regulation |
Regulatory Division |
|
47 |
Regulations on Prohibiting the Illegal Production and Sale of Special Equipment for Eavesdropping and Eavesdropping and “Pseudo Base Station” Equipment |
Law Enforcement Inspection Bureau |
|
48 |
Interim Measures for Sampling Inspection of Enterprise Public Information |
credit supervision department |
|
49 |
Interim Measures for the Administration of the List of Enterprises with Abnormal Operation |
credit supervision department |
|
50 |
Interim Measures for the Annual Report of Individual Industrial and Commercial Households |
credit supervision department |
|
51 |
Interim Measures for the Publicity of Annual Reports of Farmers’ Professional Cooperatives |
credit supervision department |
|
52 |
Trade Secret Protection Regulations |
Price Supervision and Competition Bureau |
|
53 |
Responsibilities for Repair, Replacement and Return of Consumer Goods |
Quality Development Bureau |
|
54 |
Measures for the Supervision and Administration of Product Anti-counterfeiting |
Quality Development Bureau |
|
55 |
Measures for the Implementation of the Regulations of the People’s Republic of China on the Administration of Production Licenses for Industrial Products |
Quality Supervision Division |
|
56 |
Measures for the Quality Supervision and Administration of Fiber Products |
Quality Supervision Division |
|
57 |
Measures for the Administration of Food Safety Inspectors |
Food Production Division |
|
58 |
Measures for the Supervision and Administration of Food Entrusted Production |
Food Production Division |
|
59 |
Measures for the Administration of Food Safety in Railway Operation |
Food Business Division |
|
60 |
Measures for the Supervision and Administration of the Quality and Safety of the Market Sales of Edible Agricultural Products |
Food Business Division |
|
61 |
Measures for the Administration of Product Formula Registration of Infant Formula Milk Powder |
Specialty Foods Division |
|
62 |
Measures for the Administration of National Metrological Verification Regulations |
Metrology Division |
|
63 |
Measures for the Administration of Restricted Use of Non-Statutory Units of Measurement |
Metrology Division |
|
64 |
Administrative Measures for Standardization of Agriculture and Rural Areas |
standard technology division |
|
65 |
Industry Standard Management Measures |
Standard Innovation Division |
|
66 |
Adopt international standard management methods |
Standard Innovation Division |
|
67 |
Management Measures for Certified Personnel |
Certification and Supervision Division |
|
68 |
Measures for the Administration of Monitoring and Re-evaluation of Medical Device Adverse Events |
State Food and Drug Administration |
|
69 |
Measures for the Protection of Official Signs |
China National Intellectual Property Administration |
