1. Content interpretation
The introduction of the "Regulations on the Handling of Foreign-related Intellectual Property Disputes" coincides with the dual back of intensifying global intellectual property competition and the accelerated "going global" of Chinas film and television industry. With the growing international influence of Chinese film and television works such as "The Wandering Earth" and "The Battle at Lake Changjin," the film and television industry has become an important vehicle for cultural export. However, the industry faces multiple challenges in overseas expansion: first, frequent technical cooperation and copyright disputes, such as patent disputes over special effects technology and script plagiarism; second, European and American countries using intellectual property as a tool to set trade barriers, for example, the United States frequently initiates "Section 337 investigations" against Chinese film and television works, accusing them of technical infringement or restricting distribution; third, rampant piracy of film and television derivatives on cross-border e-commerce platforms, with some overseas streaming platforms unreasonably removing Chinese works or lowering copyright sharing ratios. The introduction of these regulations holds profound significance for the film and television industry, mainly reflected in the following three aspects:
First, to provide legal support and countermeasures for addressing international copyright disputes. As the core carriers of cultural exports, film and television works often face issues such as overseas piracy and disputes over copyright ownership. The new regulations explicitly authorize countermeasures against discriminatory intellectual property measures, including restrictions on transactions, which will effectively curb the abuse of intellectual property barriers by some countries to restrict the overseas distribution of Chinas film and television works. For example, if overseas platforms unreasonably remove Chinas film and television content or exploit copyright fees, domestic companies can apply for government intervention and take reciprocal countermeasures under the new regulations to protect their legitimate earnings.
Secondly, strengthening technical and data security mechanisms. The film and television industry involves core data resources such as special effects technology and script creativity. The new regulations require that overseas evidence collection must follow data security review procedures, which can prevent sensitive information filming techniques and undisclosed scripts from being improperly obtained in cross-border litigation. This establishes security boundaries for Sino-foreign co-productions and technology collaboration projects, safeguarding creative freedom while avoiding risks of critical technology leakage.
Finally, establishing a diversified rights protection support system. The new regulations encourage the creation of cross-border intellectual property rights mutual aid funds and insurance services, which is particularly crucial for film and television companies facing high litigation costs. For instance, when small and medium-sized film companies encounter overseas copyright lawsuits, they can share legal fees through mutual aid funds, while insurance companies can cover distribution delays caused by infringement disputes. Meanwhile, government-provided training on international regulations and guidance through typical case studies help companies preemptively mitigate compliance risks in overseas markets, enhancing the professionalism of global distribution strategies for heavy industry films The Wandering Earth.
In general, the regulation not only builds a firewall for the film and television industry to "go global" through institutional safeguards, but also forces enterprises to strengthen compliance management, which has strategic value for improving the international discourse power of Chinas film and television industry.
2. Original text of the regulation
Decree of The State Council of the Peoples Republic of China
No.801
The Provisions of The State Council on the Dispute Settlement of Foreign-related Intellectual Property Rights have been adopted at the 53rd Executive Meeting of The State Council on February 21,2025, and are hereby promulgated and shall come force on May 1, 2025.
Premier Li Qiang
March 13,2025
Provisions of The State Council on the settlement of foreign-related intellectual property disputes
Article 1 These Provisions are formulated for the purpose of strengthening the protection of intellectual property rights, promoting citizens and organizations to handle foreign-related intellectual property disputes according to law, safeguarding the legitimate rights and interests of citizens and organizations, promoting high-level opening up and promoting high-quality economic development.
Article 2 The departments of the State Council responsible for the administration of intellectual property rights such as trademarks, patents and copyright (hereinafter referred to as the intellectual property administration departments) and the competent commercial departments shall strengthen guidance and services to citizens and organizations in handling foreign-related intellectual property disputes, and other departments of the State Council shall do relevant work according to the division of responsibilities.
The relevant departments under The State Council shall strengthen coordination and information communication to tly handle foreign-related intellectual property disputes.
Article 3 The peoples governments at or above the county level and their departments concerned shall, in light of the actual conditions of their respective regions, do a good job in handling disputes over foreign-related intellectual property rights.
Article 4 The administrative departments of intellectual property of The State Council and other relevant departments such as commerce and judicial administration shall, in accordance with the division of responsibilities, collect and release information on foreign intellectual property legal systems in a timely manner, improve the public service system of intellectual property information and provide the public with information inquiry services on foreign intellectual property.
Article 5 The administrative departments of intellectual property of The State Council and the competent departments of commerce shall, in accordance with the division of responsibilities, strengthen the tracking and understanding of key information such as changes in foreign intellectual property legal systems, carry out analysis and research on typical cases, issue risk warnings in a timely manner, and provide the public with early warning on foreign-related intellectual property rights.
Article 6 The administrative departments of intellectual property of The State Council and the competent departments of commerce shall, in accordance with the division of responsibilities, improve the working institutions and working procedures for handling foreign-related intellectual property disputes, and provide guidance and assistance in safeguarding rights for citizens and organizations to deal with foreign-related intellectual property disputes.
Article 7 Support commercial mediation organizations and arbitration institutions to participate in the settlement of foreign-related intellectual property disputes, provide citizens and organizations with efficient and convenient ways to settle foreign-related intellectual property disputes, and encourage and guide citizens and organizations to quickly settle foreign-related intellectual property disputes through reconciliation, mediation and arbitration.
The administrative departments of state Council for justice shall strengthen the guidance on the mediation and arbitration of foreign-related intellectual property disputes.
Article 8 Law firms, intellectual property service agencies and other organizations are encouraged to improve their ability to provide foreign-related intellectual property services, set up foreign practice institutions through the establishment of branches, t operation and other means, and provide high-quality and efficient foreign-related intellectual property services for citizens and organizations.
The administrative departments of state Council for justice and intellectual property, together with other relevant departments, have taken measures to create conditions for law firms and intellectual property service agencies to strengthen services related to foreign intellectual property.
Article 9 Support enterprises to set up mutual assistance funds for the protection of foreign-related intellectual property rights, encourage insurance institutions to carry out foreign-related intellectual property insurance business in accordance with market principles, and reduce the cost of safeguarding rights for enterprises.
Article 10 Chambers of commerce, trade associations, cross-border e-commerce platforms and other organizations are encouraged to set up foreign-related intellectual property rights protection assistance platforms, open service hotlines, and provide public services such as consultation and training.
Article 11: Enterprises shall enhance their legal awareness, establish and improve internal rules and regulations, strengthen intellectual property talent reserves, and reinforce intellectual property protection and utilization. When entering foreign markets, they shall proactively understand the legal systems and intellectual property protection status of the host countries or regions, conduct business operations in accordance with the law, and actively safeguard their legitimate rights and interests.
The State Councils intellectual property administration and commerce authorities, in collaboration with relevant departments, have focused on addressing enterprises intellectual property protection needs in international business operations. Targeting key areas and critical aspects of cross-border IP disputes, they have conducted awareness campaigns and training programs for businesses. By sharing best practices from typical cases, these initiatives aim to enhance enterprises understanding of IP protection and improve their dispute resolution capabilities in global operations.
In accordance with the principle of "who enforces the law, who popularizes the law", the administrative departments of the State Council for justice have strengthened legal publicity and education related to intellectual property rights, and comprehensively improved the awareness of citizens and organizations in protecting intellectual property rights and their ability to safeguard their rights in accordance with the law.
Article 12: The service of process and evidence collection within China shall be conducted in accordance with international treaties to which China is a party or has acceded, as well as laws such as the Civil Procedure Law of the Peoples Republic of China and the International Criminal Judicial Assistance Law of the Peoples Republic of China. No organization or individual shall violate Chinese legal provisions in carrying out such services within the territory of China.
Article 13: Organizations and individuals within China who participate in overseas intellectual property litigation or are subject to investigations by foreign judicial or law enforcement authorities, and need to provide evidence or relevant materials to foreign entities, shall comply with laws and administrative regulations concerning state secrets protection, data security, personal information protection, technology export management, and judicial assistance. approval from competent authorities is legally required, the relevant legal procedures shall be fulfilled.
Article 14 The competent commercial department under The State Council may, in accordance with the Foreign Trade Law of the Peoples Republic of China, investigate the following matters and take necessary measures:
(1) the imported goods infringe upon intellectual property rights and endanger the order of foreign trade;
(2) the intellectual property right holder commits any of the following acts and endangers the fair competition order in foreign trade: preventing the licensee from questioning the validity of the intellectual property rights in the license contract, carrying out compulsory package licensing, or stipulating the conditions of exclusive regrant in the license contract;
(3) other countries or regions do not grant national treatment to Chinese citizens or organizations in the protection of intellectual property rights, or they are unable to provide sufficient and effective protection of intellectual property rights for goods, technologies or services originating in China.
Article 15: foreign states violate international law and fundamental norms of international relations by using intellectual property disputes as pretexts to contain or suppress China, impose discriminatory restrictive measures against Chinese citizens or organizations, or interfere in Chinas internal affairs, relevant departments of the State Council may, in accordance with laws such as the Foreign Relations Law of the Peoples Republic of China and the Anti-Foreign Sanctions Law of the Peoples Republic of China, include organizations or individuals directly or indirectly involved in formulating, deciding, or implementing such discriminatory restrictive measures on the countermeasures list, and take corresponding countermeasures and restrictive measures.
Article 16 No organization or individual may carry out or assist in carrying out discriminatory restrictive measures imposed by a foreign state against Chinese citizens or organizations under the pretext of intellectual property disputes.
any organization or individual violates the provisions of the preceding paragraph and infringes upon the lawful rights and interests of Chinese citizens or organizations, the Chinese citizens or organizations may bring a lawsuit in a peoples court in accordance with the law to demand that the infringer cease the infringement and compensate for the losses.
Article 17 Relevant departments of the State Council shall enhance coordination and cooperation. For intellectual property disputes that endanger Chinas sovereignty, security, or development interests, corresponding measures shall be taken in accordance with laws such as the National Security Law of the Peoples Republic of China, the Foreign Relations Law of the Peoples Republic of China, and the Anti-Foreign Sanctions Law of the Peoples Republic of China. For acts of abusing intellectual property rights to exclude or restrict competition or engage in unfair competition, such acts shall be dealt with in accordance with laws such as the Anti-Monopoly Law of the Peoples Republic of China and the Anti-Unfair Competition Law of the Peoples Republic of China.
Article 18 These Provisions shall come force as of May 1, 2025.
