On May 9, 2024, China’s General Office of the State Council issued the State Council 2024 Legislative Work Plan (国务院2024年度立法工作计划). The Plan mentions 21 legal bills to be submitted to the Standing Committee of the National People’s Congress for review, 30 administrative regulations to be formulated and revised, and other legislative projects to be completed.

IP-related legislation includes the “Draft Amendment to the Anti-Unfair Competition Law” (AUCL) drafted by the State Administration for Market Regulation (SAMR) to be submitted to the Standing Committee of the National People’s Congress for review.  Enacted in 1993 (and subsequently amended in 2017 and 2019), the AUCL regulates unfair competition activities that disrupt market competition and harm the lawful rights and interests of others. The AUCL has been effectively used by foreign entities in litigation over unregistered trademarks.

The most recent draft from the SAMR of AUCL mainly focused on the digital economy with a new article 4 stating “Operators must not use data and algorithms, technology, capital advantages, and platform rules to engage in unfair competition.”  Articles focusing on trade secrets and other areas are also added.

In addition, the Regulations on the Protection of New Plant Varieties (Revised) are to be formulated and revised by the Ministry of Agriculture and Rural Affairs.

The Notice also mentioned that the draft Artificial Intelligence Law and the revised draft of the Trademark Law are prepared to be submitted to the Standing Committee of the National People’s Congress for review. 

The full text of the 2024 Legislative Plan is available here (Chinese only).