China: Action Program On Protection Of Intellectual Property Rights Of Foreign-Invested Enterprises

Last Updated: 12 October 2017
Article by CCPIT Patent & Trademark Law Office
Most Read Contributor in China, September 2017

In order to implement the Notice on a Number of Measures on the Promotion of Foreign Investment Growth issued by the State Council, construct a market environment with fair competition and an excellent investment environment, further promote foreign investment growth, improve the quality of utilization of foreign investment, crack down on violations against the intellectual property rights of foreign-invested enterprises, and protect the legitimate rights and interests of foreign-invested enterprises, the present action plan is formulated.

I. Missions

1. Fighting against infringements of trade secrets

To enhance the administrative protection of trade secrets, crack down on infringements of trade secrets, and carry out judgements on the cases of infringing trade secrets in accordance with the laws, so as to effectively protect the interests of the right holders. (The State Administration for Industry & Commerce and the Supreme People's Court shall be responsible respectively according to functions.)

2. Fighting against infringements of trademark rights, such as Freeride

To enhance the efforts in protecting the well-known trademarks, geographical indications and foreign-related trademarks, investigate and prosecute violations such as trademark squatting and Freeride, and order a crackdown on major copyright piracy. To strengthen supervision of e-market, focus on combating violations such as counterfeiting and false advertising, and improve the level of collaborative networks. (The State Administration for Industry & Commerce shall take the lead.)

3. Fighting against infringements of patent rights

Directed to key areas such as e-commerce, food and drug, environmental protection, safe production and high technology and key links such as exhibition and import and export, to carry out in-depth the "Thunder" special action on enforcement of law and protection of rights related to patents, bring 12330, the platform of offence-reporting, complaining and assistance of the protection of rights, into full play, precisely and quickly combat infringements of patent rights and counterfeiting of patent rights of foreign-invested enterprises, and steadily increase the combating momentum. (The State Intellectual Property Office shall take the lead.)

4. Fighting against internet piracy and other copyright violations

To seriously investigate and prosecute acts of piracy and focus on investigating a number of major and significant cases. To strengthen the governance of internet piracy, carry out the "Sword Net 2017" special action, and further enhance the efforts in copyright regulation in the areas of internet videos, music, software, animations, and teaching materials and in the platforms of e-commerce, software application stores. To deepen the promotion of software legalization. (The State Administration of Press, Publication, Radio, Film and Television shall take the lead.)

5. Fighting against infringements of new plant variety rights

To organize and carry out the fight against the production and sale of infringed and counterfeited seeds and sprouts, and continue in performing actions of administrative law enforcement in combating the infringements of new plant variety rights in agriculture and forestry. (The Ministry of Agriculture and the State Forestry Administration shall be responsible respectively according to functions.)

6. Cracking down on import and export of goods infringing intellectual property rights

To further improve the mechanism of law enforcement of intellectual property rights at customs, continue to carry out special actions of customs protection of intellectual property rights directed to key commodities and key channels, and launch joint law enforcement actions with relevant international organizations and overseas law enforcement authorities. (The General Administration of Customs shall take the lead.)

7. Reinforcing safety supervision of delivery link

To proactively promote the construction of "Green Shield" project for safety supervision of the delivery channels, strengthen market supervision and law enforcement inspection, and urge the enterprises to strictly enforce the three regulations of "acceptance inspection, real-name acceptance, and security check by passing through the screening machines" for safety  management of delivery channels, and highlight the enhancement of delivery safety management of overseas online shopping products in e-business.  (The State Post Bureau shall take the lead.)

8. Cracking down on infringement and counterfeiting crimes

To foster a comprehensive anti-counterfeiting by information directing investigation, improve the initiation and organization mode of the cluster campaign as well as "integration" combating mechanism, strengthen the offensive of the cluster campaign, and perform a full-chain fight against infringement and counterfeiting crimes.  (The Ministry of Public Security shall take the lead.)

9. Strengthening the prosecutorial supervision

To focus on handling a number of infringement and counterfeiting crimes with serious circumstances and serious adverse effects, and strengthen the research and supervision of key cases and novel cases. To perform thorough investigations into duty crimes, such as malpractice, corruption and abuse of the law, playing favoritism and committing irregularities, behind the infringement and counterfeiting criminal cases.  (The Supreme People's Procuratorate shall take the lead.)

10. Strengthening the judiciary judgement

To strengthen the judgement work of civil, criminal and administrative cases in key industries and key areas of infringement and counterfeiting according to the laws, and strengthen the supervision and guidance. (The Supreme People's Court shall take the lead.)

11. Strengthening the external publicity work

In multilateral and bilateral intellectual property cooperation and negotiations, to actively publicize the work deployment and implementation as well as the results achieved related to the action plan, and establish a good image of China's IPR protection. (The Ministry of Commerce shall take the lead.)

II. Time Schedule

1. Mobilization and deployment

Prior to September 10, 2017, the action plan is to be issued so as to perform mobilization and deployment, put forward the mission requirements and make clear the division of responsibilities. All localities and all member units concerned are to study a refined implementation scheme in accordance with the action plan and formulate specific implementation measures.

2. Organization and implementation

During September to December of 2017, all localities and all member units concerned are to carry out an intensive action and severely investigate and prosecute criminal violations against intellectual property rights of foreign-invested enterprises, and timely expose a group of typical cases, thereby forming a strong deterrent. Developments of significant cases are to be timely reported to the Office of the National Leading Group on the Fight against IPR Infringement and Counterfeiting.

3. Summarization of experiences and lessons

Prior to December 31, 2017, all localities and all member units concerned are to make a comprehensive summarization of this action and submit a special action report to the Office of the National Leading Group on the Fight against IPR Infringement and Counterfeiting. The Office of the National Leading Group on the Fight against IPR Infringement and Counterfeiting is to summarize and promote good experiences and practices as it regards appropriate.

III. Work requirements

1. Enhancing organization and leadership

All localities and all member units concerned are to be fully aware of the important significance of improving the work of protection of intellectual property rights of foreign-invested enterprises, enhance organization and leadership, implement work responsibilities, strengthen guidance and inspection, and do well in publicity and guidance. Leading Group Offices at all levels are to strengthen coordination, and timely supervise and inspect the implementation. All localities and all departments concerned are to earnestly carry out special statistics and submit a progress report of investigation of the cases and related work during the preceding month prior to the 15th of each month.

2. Closely cohering and cooperating

All member units concerned are to enhance the cross-department and cross-regional cooperation, improve the cooperation mechanism, do a good job in clue circulation, evidence transfer, assistance in investigation of case, joint law enforcement, strengthen the linkage of administrative law enforcement and criminal justice, and further enhance the joint efforts in the supervision and regulation of law enforcement.

3. Increasing the case handling efficiency

Relevant law-enforcing and judicial departments are to smooth reporting channels for offence-reporting and complaining and make public the telephone number for offence-reporting and complaining. Related cases are to be accepted in time and handled quickly according to the laws, and a number of major and significant cases of very high concern and with serious adverse effects are to be handled intensively, so as to further enhance the level of protection of intellectual property rights of foreign-invested enterprises.

Appendix: Data Statistics of the Cases Investigated by the Action on Protection of Intellectual Property Rights of Foreign-invested Enterprises

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.