State Council, Provisions for Handling Foreign-Related Intellectual Property Disputes

Promulgated: March 13, 2025
Effective: May 1, 2025

Main contents:  The service of documents, and investigation and the collection of evidence in mainland China shall be handled in accordance with the international treaties concluded or acceded to by the PRC, as well as laws such as the PRC Civil Procedure Law and the PRC Law on International Criminal Judicial Assistance. No organization or individual may serve documents or investigate and collect evidence in mainland China in a manner that violates PRC laws (Article 12).

Where an organization or individual in mainland China is involved in a legal action relating to foreign¹-related intellectual property or is investigated by a foreign judicial or law enforcement authority and is required to provide evidence or related materials outside of mainland China, it/he/she shall comply with laws and administrative regulations on the preservation of state secrets, data security, protection of personal information, technology export control, judicial assistance, etc. Where approval of the competent authority is required in accordance with the law, the relevant legal procedure shall be carried out (Article 13).