/>iOn July 22, 2025, China’s National Intellectual Property Administration (CNIPA) released the Notice on Soliciting Public Opinions on the Implementation Measures for Intellectual Property Rights to Promote the Development of Private Economy (知识产权促进民营经济发展实施办法(征求意见稿)). Per CNIPA, the Measures “implement the Law of the People’s Republic of China on Promoting Private Economy in the field of intellectual property rights and improve the pertinence and effectiveness of intellectual property rights in promoting the development of the private economy.”
Some highlights include:
- “innovate diversified examination models for patents and trademarks” (Article 5),
- “promote the use of mediation to quickly resolve intellectual property disputes” (Article 8),
- “Strengthen guidance on responding to overseas intellectual property disputes and self-inspection of intellectual property compliance of exported products, guide private economic organizations to optimize their overseas intellectual property strategic layout, conduct intellectual property risk inspections of exported products, and support private economic organizations in building a foreign-related intellectual property risk prevention and control system.” (Article 9),
- “Strengthen the tracking and understanding of key information such as changes in foreign intellectual property legal systems, collect and promptly release information on foreign intellectual property legal systems, conduct typical case analysis and research, promptly release risk warnings, and provide private economic organizations with early warning and information support for foreign-related intellectual property disputes.” (Article 10),
- “Encourage local governments to set up intellectual property contact points in countries and regions with intensive trade exchanges. Relying on the Overseas Intellectual Property Dispute Response Guidance Sub-Center, professional and efficient overseas dispute response guidance services are provided to private economic organizations.” (Article 11), and
- “Strengthen the construction of foreign-related intellectual property legal talent team, increase the cultivation of foreign-related intellectual property legal service institutions, and enhance the professionalism and pertinence of the guidance provided by private economic organizations in responding to overseas disputes.” (Article 19).
A translation follows. The original text of the Draft Measures and Drafting Notes are available here (Chinese only). Comments are due August 5, 2025.
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with the Law on Promoting the Private Economy in order to optimize the intellectual property environment for the development of the private economy, effectively strengthen the protection of intellectual property rights of private economic organizations, maintain a fair and orderly market competition order, and provide strong support for the high-quality development of the private economy.
Article 2 The National Intellectual Property Administration shall, within the scope of its duties, be responsible for work related to promoting the development of the private economy through intellectual property.
Local intellectual property authorities at or above the county level shall, within the scope of their duties and in light of the actual conditions in their regions, perform relevant work on intellectual property to promote the development of the private economy.
Article 3 The National Intellectual Property Administration and local intellectual property authorities shall implement the fair competition review system, formulate intellectual property policies and measures involving the production and operation activities of business entities, which shall be subject to fair competition review and be evaluated regularly. They shall promptly clean up and abolish intellectual property policies and measures that contain content that hinders the national unified market and fair competition, and ensure that private economic organizations participate fairly in market competition.
Chapter II Creation of Intellectual Property
Article 4 Encourage and support private economic organizations to strengthen independent innovation, carry out forward-looking intellectual property layout with high quality as the orientation, and promote the integrated development of intellectual property and industrial innovation.
Article 5: Continuously improve the quality and efficiency of intellectual property examinations, innovate diversified examination models for patents and trademarks, and proactively serve the authorization needs of various economic organizations, including private economic organizations .
Chapter III Intellectual Property Protection
Article 6: Strengthen the protection of intellectual property rights for innovative achievements of private economic organizations and their operators, and strictly deal with illegal acts such as infringement of trademark rights and patent rights in accordance with the law.
Article 7: The national intellectual property protection center shall play its role in providing private economic organizations with “one-stop” intellectual property protection such as rapid pre-examination, rapid confirmation of rights, and rapid rights protection.
Article 8 Expand the diversified channels for resolving intellectual property disputes of private economic organizations, promote the use of mediation to quickly resolve intellectual property disputes, and connect with administrative, judicial, arbitration and other protection channels.
Article 9 Strengthen guidance on responding to overseas intellectual property disputes and self-inspection of intellectual property compliance of exported products, guide private economic organizations to optimize their overseas intellectual property strategic layout, conduct intellectual property risk inspections of exported products, and support private economic organizations in building a foreign-related intellectual property risk prevention and control system.
Article 10 Strengthen the tracking and understanding of key information such as changes in foreign intellectual property legal systems, collect and promptly release information on foreign intellectual property legal systems, conduct typical case analysis and research, promptly release risk warnings, and provide private economic organizations with early warning and information support for foreign-related intellectual property disputes.
Article 11 Encourage local governments to set up intellectual property contact points in countries and regions with intensive trade exchanges. Relying on the Overseas Intellectual Property Dispute Response Guidance Sub-Center, professional and efficient overseas dispute response guidance services are provided to private economic organizations.
Chapter IV Utilization of Intellectual Property
Article 12 Encourage and support private economic organizations to adopt intellectual property transformation and utilization strategies that are in line with their own characteristics and development needs, and to promote the efficient transformation and utilization of intellectual property rights through self-implementation, equity investment, transfer, licensing, and mortgage.
Article 13 Encourage and support private economic organizations to explore the establishment of new models of cooperation in the transformation and utilization of intellectual property rights, such as patent pools and open source patents, make full use of open licensing methods to implement patents, and improve the efficiency of intellectual property transformation and utilization.
Encourage and support private economic organizations to form industrial intellectual property innovation alliances with universities, research institutions, intellectual property service agencies, venture capital institutions, industry associations, etc., and carry out cooperation in the transformation and application of intellectual property.
Article 14 Encourage and support private economic organizations to give full play to the combined effects of various types of intellectual property rights such as patents and trademarks, and to accelerate the creation of a number of well-known trademark brands supported by scientific and technological innovation.
Chapter V Public Services
Article 15 Fully leverage the advantages of the supply of public intellectual property services, provide precise services to private economic organizations, explore public service needs and match supply and demand, actively explore convenient service measures, and enhance the private economic organizations’ ability to create, protect, use and manage intellectual property rights.
Article 16 Improve the functions of the public intellectual property rights platform, and provide private economic organizations with one-stop convenient services such as information inquiry, retrieval and analysis, and business processing; increase the openness and sharing of data for private economic organizations, encourage and support private economic organizations to strengthen the use of intellectual property rights data in scientific and technological research and development, protection and application of achievements, and participate in the development and construction of digital and intelligent services, to help private economic organizations grow and develop.
Article 17 Strengthen the publicity and popularization of intellectual property rights, vigorously publicize typical cases and practices of various types of enterprises, including private economic organizations, in using intellectual property rights to innovate and operate with integrity, advocate a culture of innovation, and shape an intellectual property cultural concept that respects knowledge, advocates innovation, is honest and law-abiding, and competes fairly.
Chapter VI Personnel Development
Article 18 Improve the incentive mechanism for the cultivation and evaluation of intellectual property personnel, and increase support for the cultivation and training of personnel for private economic organizations.
Article 19 Strengthen the construction of foreign-related intellectual property legal team, increase the cultivation of foreign-related intellectual property legal service institutions, and enhance the professionalism and pertinence of the guidance provided by private economic organizations in responding to overseas disputes.
Chapter VII Legal Liability
Article 20 Where anyone violates relevant legal provisions and infringes upon the intellectual property rights of private economic organizations and their operators, and where laws and regulations provide for administrative penalties, such provisions shall apply; where personal injury or property loss is caused, civil liability shall be borne in accordance with the law; where a crime is constituted, criminal liability shall be pursued in accordance with the law.
Chapter VIII Supplementary Provisions
Article 21 These Measures shall enter into force on Xth day of Xth month , 2025.
