Effective from 2021! Compilation of intellectual property regulations

2020-12-30
Adjustment of official patent search service fees

Effective on January 1, 2021

According to the "Announcement on the Optimization and Adjustment Plan for Products and Services of the Patent Search and Consultation Center of the State Intellectual Property Office", starting from January 1, 2021, the Search and Consultation Center will respond to the "Power of Attorney for the Search Service of the Patent Search and Consultation Center of the State Intellectual Property Office". The service content and fee standards have been optimized and adjusted.


 Patent Examination Guidelines

Effective on January 15, 2021


On December 14, 2020, the State Intellectual Property Office issued an announcement on amending the "Patent Examination Guidelines" (Announcement No. 391). The revised "Patent Examination Guidelines" will come into effect on January 15, 2021. This revision is to fully implement General Secretary Xi Jinping’s important instructions on strengthening the protection of intellectual property rights, fully implement the State Council’s specific deployment of deepening the reform of “delegation, management, and service”, and improve the quality and efficiency of patent examination.


Modified part:

1. Amendments to Section 3.5, Chapter X, Part Two

2. Amendments to Section 4.2.3 of Chapter 10 of Part Two

3. Amendments to Section 5.1, Chapter X, Part Two

4. Amendments to Section 6.1, Chapter X, Part Two

V. Amendments to Section 9.2.1, Chapter 10 of Part Two

6. Amendments to Section 9.3.1.7, Chapter 10, Part Two

7. Amendments to Section 9.4.2, Chapter 10 of Part Two


For details, see: Announcement of the State Intellectual Property Office on Amending the "Patent Examination Guidelines" (No. 391)



 Patent law

Effective on June 1, 2021


On October 17, 2020, the 22nd meeting of the Standing Committee of the 13th National People's Congress of the People's Republic of China passed the "Decision of the Standing Committee of the National People's Congress on Amending the Patent Law of the People's Republic of China". The revised patent law will come into effect on June 1, 2021.


For details, see: Decision of the Standing Committee of the National People's Congress on Amending the "Patent Law of the People's Republic of China"



 Copyright Law    

Effective on June 1, 2021


On November 11, 2020, the 23rd meeting of the Standing Committee of the 13th National People's Congress voted and passed the decision on amending the Copyright Law, which will come into effect on June 1 next year. The revised Copyright Law has perfected the relevant regulations on copyright protection in cyberspace, in particular, greatly increasing the upper limit of legal compensation for infringement and clarifying the principle of punitive damages, which further "supports" creators in safeguarding their legitimate rights and interests.


For details, please see the full text of "The Copyright Law of the People's Republic of China" 2020



Patent Navigation Guide

Effective on June 1, 2021


The "Patent Navigation Guidelines" (GB/T39551-2020) series of recommended national standards drafted by the State Intellectual Property Office was approved and released on November 9, 2020, and will be officially implemented on June 1, 2021.


For details, please view: "Patent Navigation Guide" series of national standards (GB/T39551-2020) interpretation


 E-commerce platform intellectual property protection management

Effective on June 1, 2021


In order to thoroughly implement the decision and deployment of the Party Central Committee and the State Council on strengthening the protection of intellectual property rights, and to further strengthen the intellectual property protection of e-commerce platforms, the State Intellectual Property Office took the lead and participated in the formulation of the national standard "Intellectual Property Protection Management of E-commerce Platforms" , The standard was approved for publication on November 9, 2020, and will be implemented on June 1, 2021.


The national standard of "Intellectual Property Protection and Management of E-commerce Platforms" is a national recommended standard developed under the framework of the "E-Commerce Law". This standard combines the actual development of my country's e-commerce field and fully draws on the existing experience of intellectual property protection on e-commerce platforms. The standard puts forward clear requirements from seven aspects including scope, normative documents, terms and definitions, e-commerce platform management, e-commerce network information platform requirements, organization of intellectual property management, and consistency testing. The formulation of standards is conducive to guiding all parties involved in the e-commerce platform to strengthen the management of intellectual property protection, enhance the awareness of intellectual property protection of all parties, optimize the business environment in the e-commerce field, and demonstrate my country's determination and ability to strengthen intellectual property protection.


For details, please view the full text of the national standard "Intellectual Property Protection and Management of E-commerce Platforms"! Implemented on 2021.6.1
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