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The State Council of the People's Republic of China issuing the Opinions on Further Optimizing the Foreign Investment Environment and Increasing Efforts to Attract Foreign Investment

September 22, 2023

The State Council of the People's Republic of China has recently issued the Opinions on Further Optimizing the Foreign Investment Environment and Increasing Efforts to Attract Foreign Investment. The measures related to intellectual property are abridged as follows:

II. Improving the quality of utilization of foreign investment

(2) The leading role of the comprehensive pilot programs for opening up the services sector shall be fully played. The high-standard international economic and trade rules shall be matched, and advanced and trail efforts shall be increased for the comprehensive pilot programs for opening up the services sector. Development of combined pledge financing of intellectual property, equity and related real assets shall be encouraged, and the standardized exploration of intellectual property securitization shall be supported. The pilot zones for share transfer of equity investment and venture capital shall be increased in an orderly manner.

IV. Continuously strengthening protection for foreign investment

(10) The administrative protection for intellectual property shall be enhanced. The administrative ruling system of patent infringement disputes shall be improved and the enforcement of administrative ruling shall be increased. Each area shall be supported to accept applications of copyrights, patents, trademarks and other intellectual property rights, relying on the intellectual property workstations at exhibitions, to provide effective infringement prevention measures. The protection of intellectual property rights in the field of procurement of medicines and medical consumables shall be strengthened, and enterprises participating in procurement activities are required to independently undertake non-violation of the Patent Law and other laws and regulations. As for products involved in intellectual property disputes, the relevant departments shall strengthen communication and consultation, and carry out procurement activities in accordance with the law; and as for products recognized as infringing a patent right by administrative rulings of the intellectual property department or by effective judgments of the people's court, the relevant departments shall timely take measures such as refusal of procurement and disqualification from selections.

(10) The administrative protection for intellectual property shall be enhanced. The administrative ruling system of patent infringement disputes shall be improved and the enforcement of administrative ruling shall be increased. Each area shall be supported to accept applications of copyrights, patents, trademarks and other intellectual property rights, relying on the intellectual property workstations at exhibitions, to provide effective infringement prevention measures. The protection of intellectual property rights in the field of procurement of medicines and medical consumables shall be strengthened, and enterprises participating in procurement activities are required to independently undertake non-violation of the Patent Law and other laws and regulations. As for products involved in intellectual property disputes, the relevant departments shall strengthen communication and consultation, and carry out procurement activities in accordance with the law; and as for products recognized as infringing a patent right by administrative rulings of the intellectual property department or by effective judgments of the people's court, the relevant departments shall timely take measures such as refusal of procurement and disqualification from selections.

(Source: CNIPA WeChat Official Account)

 

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