Ministry of Foreign Trade and Economic Cooperation and State Intellectual Property Office, Strengthening Patent Administration in Foreign Trade Opinions

Issued: December 20 2002
Effective: as of 30 days from the date of issue
Interpreting authority: Ministry of Foreign Trade and Economic Cooperation and State Intellectual Property Office
Applicability: For the purposes of these Opinions "patent administration" means the administration of matters involving patents in the import and export of goods, services and technology (Item Two).

Main contents: Where the goods to be imported or the materials or parts to be used in processing trade involve patents, the foreign trade operator shall request the relevant exporter and the relevant processing trade entrusting party to provide relevant evidence of its legal interests in the patent concerned. The contract for the imports or the processing trade may specifically require the exporter or the processing trade entrusting party to bear the legal liability concerning infringement claims or other patent disputes arising from the performance of the contract (Item Five). Where technological equipment to be imported involves transfer of patents or patent application rights, or patent licences, the transferor or licensor shall be required to provide evidence of its legal interests in the patent (Item Six). Where the exports involve new technology, new invention or technological equipment, the foreign trade operator shall conduct a patent search in the importing country or region to avoid patent infringement (Items Seven and Eight). Foreign trade operators shall make customs filings for their patents and, upon discovery in imported or exported goods of any infringement of their patents, request protective measures from customs or patent administrative departments (Item 11).
Related legislation: PRC Patent Law (2nd Revision), Aug 25 2000, CLP 2000 No.8 p7; PRC Foreign Trade Law (Revised), Apr 6 2004, CLP 2004 No.4 p34; PRC, Administration of Technology Import and Export Regulations, Dec 10 2001, CLP 2002 No.1 p56; Customs Protection of Intellectual Property Rights Regulations and Administration of Enterprise Patent Work Procedures (Trial Implementation)