WORLD TRADE
ORGANIZATIONIP/N/1/CHN/2
10 October 2003
(03-5353)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
NOTIFICATION OF LAWS AND REGULATIONS UNDER
ARTICLE 63.2 OF THE AGREEMENT
CHINA
By means of a communication from its Permanent Mission, dated 22 September 2003, the
following notification under Article 63.2 of the Agreement has been received from China.
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In accordance with Article 63.2 of the Agreement on Trade-Related Aspects of Intellectual
Property Rights (TRIPS) and the procedures laid  down by the Council for TRIPS in November 1995,
China hereby notifies to the Council laws and regu lations relating to the fields covered by the
Agreement in addition to those notified ear lier (see documents IP/N /1/CHN/1 and Add.1).
The legal texts are only original in Chinese.  The English translations shall not be regarded as
official and are only for reference for WTO Members.
Attached are updated annexes:
- Annex I to this document mentions the “Mai n Dedicated Intellectual Property Laws and
Regulations”.
- Annex II to this document mentions “Other Laws and Regulations”.
These annexes take up the contents of the two previous notifications mentioned above;
amendments thereto are indicated in italics.IP/N/1/CHN/2
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ANNEX I
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS
- Copyright Law.1
- Patent Law, as last amended on 25 August 2000.2
- Trademark Law, as last amended on 27 October 2001.3
- Implementing Regulations of the Patent Law.4
- Decision of the State Council on Amending the Rules for the Implementation of the Patent
Law.5
- Regulations on Comput er Software Protection.6
- Regulations on the Protection of Layout-Designs of Integrated Circuits.7
- Rules for Implementing the Regulations on the Protection of Layout-Designs of Integrated
Circuits.8
- Regulations on Protection of New Varieties of Plants.9
- Regulations for the Implementation of the Copyright Law.10
(The Regulations were notified earlier under “other laws”.)
- Regulations for the Implementation of the Trademark Law.11
(The Regulations were notified earlier under “other laws”.)
                                                     
1 See document IP/N/1/CHN/C/1.
2 See document IP/N/1/CHN/I/1.
3 See document IP/N/1/CHN/T/1.
4 See document IP/N/1/CHN/I/2.
5 See document IP/N/1/CHN/I/3.
6 See document IP/N/1/CHN/C/2 and IP/N/1/CHN/C/2/Rev.1 .
7 See document IP/N/1/CHN/L/1 and IP/N/1/CHN/L/1/Rev.1 .
8 See document IP/N/1/CHN/L/2.
9 See document IP/N/1/CHN/P/1.
10 See document IP/N/1/CHN/C/3 .
11 See document IP/N/1/CHN/T/2 .IP/N/1/CHN/2
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ANNEX II
OTHER LAWS AND REGULATIONS
TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Copyright
Implementing Rules of the Copyright Law.
Promulgated on 30 May 1991.
Entry into force:  1 June 1991.Rules implementing the Copyright Law.  The
Rules are in the process of revision.
Regulations for the Implementation of the
Copyright Law.
Entry into force:  15 September 2002.Regulations implementing the Copyright Law.
These Regulations replace the Implementing
Rules promulgated on 30 May 1991.
Trademarks
Implementing Rules of the Trademark Law.
Promulgated on 12 May 1995.
Entry into force:  12 May 1995.Rules implementing the Trademark Law.  The
Rules are in the process of revision.
Regulations for the Implementation of the
Trademark Law.
Entry into force:  15 September 2002.Regulations implementing the Trademark Law.
These Regulations replace the Implementing
Rules promulgated on 12 May 1995..
Geographical indications
Trademark Law.12
Promulgated on 23 August 1982, and
amended on 22 February 1993 and27 October 2001.Articles 3 and 16 of the Law are related to
geographical indications.
                                                     
12 Also notified as main law.IP/N/1/CHN/2
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TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Industrial designs
Patent Law.12
Promulgated on 12 March 1984, and
amended on 4 September 1992 and25 August 2000.
Entry into force:  1 April 1985.The Law provides that industrial designs can
be applied to be pr otected as a patent.
Patents
Implementing Regulations of the Patent Law.12
Promulgated on 15 June 2001.
Entry into force:  1 July 2001.Rules to implement the Patent Law.
Layout-designs of integrated circuits
Rules for Implementing the Regulations on the
Protection of Layout-Designs of Integrated
Circuits.10
Promulgated on 18 September 2001.
Entry into force:  1 October 2001.Rules to implement the Regulations on the
Protection of Layout-Designs of IntegratedCircuits .
Protection of undisclosed information
Anti Improper Competition Law.
Promulgated on 2 September 1993.
Entry into force:  1 December 1993.Article 10 provides for the obligation of not
infringing business secrets of others;Article 25 provides for penalties forinfringing actions.IP/N/1/CHN/2
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TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Control of anti-competitive practices in
contractual licenses
Regulations on Administration of Import and
Export of Technique.
Promulgated on 10 December 2001.
Entry into force:  1 January 2002.Article 29 lists the possible anti-competitive
clauses in contractual licenses that are notallowed.
Civil and administrative procedures and
remedies
Civil Procedure Law.
Promulgated on 9 April 1991.
Entry into force:  9 April 1991.The Law establishes the principles and rules
in civil procedures.
Provisional measures
Civil Procedure Law.
Promulgated on 9 April 1991.
Entry into force:  9 April 1991.Articles 92-96 provide for property preservation.
Trademark Law.12
Promulgated on 23 August 1982, and
amended on 22 February 1993 and27 October 2001.Article 57 of the Law provides for the provisional
measures before litigation.
Copyright Law.12Article 49 of the Law provides for the provisionalmeasures before litigation.IP/N/1/CHN/2
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TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Patent Law.12
Promulgated on 12 March 1984, and
amended on 4 September 1992 and25 August 2000.
Entry into force:  1 April 1985.Article 61 of the Law provides for the provisional
measures before litigation.
Special measures related to borderenforcement and intellectual property
Regulations on Customs Protection of Intellectual
Property Rights.
Promulgated on 5 July 1995.
Entry into force:  1 October 1995.The Regulations provide for the procedures
and rules of border enforcement ofintellectual property rights.
Criminal procedures
Criminal Law.
Promulgated on 1 July 1979, and amended on14 March 1997.Articles 213-220 provide  for the crimes of
infringing intellectual property rights.
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