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Regulations of the People’s Republic of China on Customs Protection of Intellectual Property Rights

  Chapter I Chapter II Chapter III Chapter IV Chapter V General Provisions Recordation Request for Detaining Suspected Infringing Goods Legal Liability Supplementary Provisions   Chapter I   General Provisions Article 1.   These Regulations are formulated in accordance with the Customs Law of the People’s Republic of China so as to implement Customs protection of intellectual property rights and to promote economic, trade, science, technology and culture exchanges with foreign countries, and to safeguard the public interests. Article 2.   Customs protection of intellectual property rights used in these Regulations refers to protection of the exclusive right to use a trademark, copyright and related rights, and patent right (referred hereinafter as “intellectual property rights”) over imported or exported goods that are protected by laws and administrative regulations of the People’s Republic of China. Article 3.   The People’s Republic of China forbids import or export of goods that infringe intellectual property rights. Customs shall implement protection of intellectual property rights according to the relevant Chinese laws and provisions in these Regulations, and shall exercise their rights regulated in the Customs Law of the People’s Republic of China. Article 4.   Where the owner of intellectual property rights (referred hereinafter as “right owner”) asks for […] 阅读更多

Regulations on Technology Import and Export Administration of the People’s Republic of China

Chapter I   General Provisions Article 1.   These Regulations are hereby formulated in accordance with the Law of the People’s Republic of China on Foreign Trade (hereinafter referred to as the Foreign Trade Law) and relevant provisions of other relevant laws with a view to regulating the administration of technology import and export, maintaining the order of technology import and export, and enhancing the national economic growth and social development. Article 2.   The technology import and export as referred to in these Regulations means acts of transferring technology from outside the territory of the People’s Republic of China into the territory of the People’s Republic of China or visa versa by way of trade, investment, or economic and technical cooperation. The acts mentioned in the preceding paragraph include assignment of the patent right, assignment of the patent application right, licensing for patent exploitation, assignment of technical secrets, technical services and transfer of technology by other means. Article 3.   The State adopts a uniform system for the administration of technology import and export, and maintains the order for fair and free technology import and export according to law. Article 4.   Import and export of technology shall be conducted in compliance with the […] 阅读更多

Regulations on the Protection of Layout-Designs of Integrated Circuits

( Adopted at the 36th Executive Meeting of the State Council on March 28, 2001, promulgated by Decree No. 300 of the State Council of the People’s Republic of China on April 2001, and effective as of the date of October 1, 2001 )   Chapter I Chapter II Chapter III Chapter IV Chapter V Chapter VI General Provisions Exclusive Right of Layout-design Registration of Layout-design Exercise of Exclusive Right of Layout-design Legal Liability Supplementary Provisions     Chapter I   General Provisions Article 1.   These Regulations are formulated in order to protect the exclusive right of layout-design of integrated circuits, to encourage innovation of integrated circuits technology and to promote the development of science and technology.   Article 2.   For the purposes of these Regulations: (1) “integrated circuit” means semiconductor integrated circuit, that is, a product, in its intermediate or final form, which uses semiconductor material as its chip, in and/or on which two or more elements, at least one of which is an active element, and some or all of the interconnections are integrally formed and which is intended to perform a certain electronic function; (2) “layout-design of integrated circuit”(hereinafter referred to as layout-design) means the three-dimensional disposition of […] 阅读更多

Regulations on the Protection of New Varieties of Plants

  Chapter I Chapter II Chapter III Chapter IV Chapter V Chapter VI Chapter VII Chapter VIII General Provisions Content and Ownership of Variety Rights Conditions for the Grant of Variety Rights Application for Variety Rights and Receipt Thereof Examination and Approval of Variety Rights Term, Termination and Invalidity Penalty Provisions Supplementary Provisions   Chapter I   General Provisions Article 1.   These Regulations are formulated to protect the rights in new varieties of plants, to encourage the breeding and use of new varieties of plants, and to promote the development of agriculture and forestry. Article 2.   The new plant variety referred to in these Regulations means a cultivated plant variety, or a developed one based on a discovered wild plant, which is new, distinct, uniform and stable, and whose denomination is adequately designated. Article 3.   The administrative departments of agriculture and forestry under the State Council (both referred to hereinafter as the “examining and approving au-thorities”) are jointly responsible, according to the division of their job responsibilities, for the receipt and examination of applications for rights in new varieties of plants, and for the grant of rights in new varieties of plants (hereinafter referred to as “variety rights”) in respect of […] 阅读更多

Rules for Implementation of the Regulations on Administrative Protection of Pharmaceuticals

( Promulgated by the State Pharmaceutical Administration of the People’s Republic of China on December 30, 1992 )   Chapter I Chapter II Chapter III Chapter IV Chapter V Chapter VI General Provisions Application for Administrative Protection Examination and Approval of Application for Administrative Protection Duration, Cessation, Revocation and Effect of Administrative Protection The Fees Supplementary Provisions     Chapter I   General Provisions Article 1.   These Rules are formulated in accordance with the provi-sions of Article 22 of the Regulations on Administrative Protection of Pharmaceuticals (hereinafter referred to as the Regulations). Article 2.   The competent authorities for the production and distribu-tion of pharmaceuticals under the State Council, as mentioned in the Regulations, refers to the State Pharmaceutical Administration of the People’s Republic of China (hereinafter referred to as the SPAC). The SPAC shall establish the Office for Administrative Protection of Pharmaceuticals, which shall be in charge of the receiving and examina-tion of the applications for administrative protection of pharmaceuticals, the issuance of certificates, the registration and announcement of relevant matters of administrative protection and the settlement of infringement disputes. The administrative department of health under the State Council, as mentioned in the Regulations, refers to the Ministry of Public Health […] 阅读更多

Regulations on Administrative Protection of Pharmaceuticals

( Approved by the State Council on December 12, 1992 and promulgated by the State Pharmaceutical Administration on December 19, 1992 )   Chapter I Chapter II Chapter III Chapter IV Chapter V General Provisions Application for Administrative Protection Examination and Approval of Application for Administrative Protection Duration, Cessation, Revocation and Effect of Administrative Protection Supplementary Provisions     Chapter I General Provisions Article 1.   These Regulations are enacted with a view to expanding economic and technological cooperation and exchange with foreign coun-tries, providing administrative protection to the lawful rights and inter-ests of the owners of the exclusive right of foreign pharmaceuticals.   Article 2.   The “pharmaceuticals”, as mentioned in these Regulations, refers to medicines for human beings.   Article 3.   Enterprises and other organizations and individuals from the country or the region, which has concluded bilateral treaty or agree-ment with the People’s Republic of China on administrative protection of pharmaceuticals, may apply for administrative protection of pharmaceuticals in accordance with these Regulations.   Article 4.   The competent authorities for the production and distribu-tion of pharmaceuticals under the State Council receives and examines applications for administrative protection of pharmaceuticals, grants ad-ministrative protection to the pharmaceuticals which conform with the provisions […] 阅读更多

Regulations on Administrative Protection of Agricultural Chemical Products

( Approved by the State Council of People’ s Republic of China on December 26, 1992 and Promulgated by Decree No. 7 of the Ministry of Chemical Industry on December 26, 1992 )     Chapter I Chapter II Chapter III Chapter IV Chapter V General Provisions Application for Administrative Protection Examination and Approval of Application for Administrative Protection Duration, Cessation, Revocation and Effect of Administrative Protection Supplementary Provisions   Chapter I   General Provisions Article 1.   These Regulations are enacted with a view to expanding economic and technological cooperation and exchange with foreign countries, providing administrative protection to the lawful rights and interests of the owners of the exclusive right of foreign agricultural chemical products. Article 2.   The “agricultural chemical products”, as mentioned in these Regulations, refers to chemical synthetic pesticides used in agricultural production, they are herbicides, insecticides, fungicides, raticides and plant growth regulators produced by means of chemical synthesis. Article 3.   Enterprises and other organizations and individuals from the country or the region, which has concluded bilateral treaty or agreement with the People’ s Republic of China on administrative protection of agricultural chemical products, may apply for administrative protection of agricultural chemical products in accordance with these Regulations. […] 阅读更多

Law Against Unfair Competition of The People’s Republic of China

( Adopted at the Third Session of the Standing Committee of the Eighth National People’s Congress on September 2, 1993. Promulgated by Order No. 10 of the President of the People’s Republic of China on September 2, 1993. and Effective as of December 1, 1993 ) Chapter I Chapter II Chapter III Chapter IV Chapter V General Provisions Acts of Unfair Competition Supervision and Inspection Legal Responsibility Supplementary Provision   Chapter I   General Provisions Article 1.   This Law is formulated with a view to safeguarding the healthy development of the socialist market economy, encouraging and protect fair competition, preventing acts of unfair competition, and defending the lawful rights and interests of operators and consumers.   Article 2.   An operator shall, in transactions in the market, follow the principle of voluntariness, equality, fairness, honesty and credibility, and observe generally recognized business ethics. “Unfair competition” in this Law refers to acts of operator which contravene the provisions of this Law, damage the lawful rights and interests of other operator, and disturb the socio-economic order. “Operator” in this Law refers to a legal person or other economic organization or individual engaging in the trading of goods or profit-making services. (“Goods” mentioned hereinafter include […] 阅读更多

China International Economic and Trade Arbitration Commission Supplemental Rules to CNNIC Domain Name Dispute Resolution Policy

(In effect as of 30th September 2002)   Article 1.   Definitions (1) “The Rules” refer to the Rules for China Internet Network Information Center Domain Name Dispute Resolution Policy as approved and implemented by China Internet Network Information Center (CNNIC) on 30 September 2002. (2) “The Policy” refers to China Internet Network Information Center Domain Name Dispute Resolution Policy as approved and implemented by CNNIC on 30 September 2002. (3) “The Supplemental Rules” mean these Rules which are Supplemental to the Policy and are adopted by China International Economic and Trade Arbitration Commission (CIETAC) to assess Complaints regarding Domain Name Dispute and administer proceedings in conformity with “the Rules” and where required supplement them. (4) “The Center” refers to The Domain Name Dispute Resolution Center of China International Economic and Trade Arbitration Commission (CIETAC). (5) Any terms defined in the Rules shall have the same meaning in these Supplemental Rules. Article 2.   Scope (1) The Supplemental Rules are to be read and used in connection with the Policy and the Rules. (2) Any Complaint submitted to the Center shall abide by the Policy, the Rules and the Supplemental Rules. Article 3.   Communications between Parties and the Center (1) Unless otherwise […] 阅读更多

China Internet Network Information Center Domain Name Dispute Resolution Policy

(In effect as of 30th September 2002)   Article 1.   This Policy is formulated in accordance with relevant Chinese laws, administrative regulations and policies, as well as the provisions of the “China Internet Domain Names Regulations”, in order to resolve the domain name disputes on the Internet. Article 2.   This Policy is applied to resolve the disputes stemming from registration or use of the .CN domain names and Chinese domain names, which are subject to the management of the China Internet Network Information Center (CNNIC). Article 3.   The Domain name disputes shall be resolved with the Dispute Resolution Service Providers recognized by CNNIC. The Dispute Resolution Service Providers shall, in accordance with this Policy and the Rules for CNNIC Domain Name Dispute Resolution Policy, formulate the supplemental rules of dispute resolution procedure and Panelists appointment. Article 4.   The Dispute Resolution Service Providers shall implement a system whereby Panels of experts are responsible for the resolution of disputes. The Panels are composed of one or three Panelists, who have expertise on computer networks and laws, possess a high sense of professional ethics and are capable of rendering independent and unbiased Decisions in domain name disputes. The List of the Panelists shall […] 阅读更多