General

According to the State Intellectual Property Office, the State Intellectual Property Office recently issued the "Administrative Measures for the Establishment of Resident Representative Offices in China by Foreign Patent Agencies" (hereinafter referred to as the "Measures"), which aims to regulate the establishment and establishment of resident representative offices of foreign patent agencies in China. Its business activities protect the legitimate rights and interests of resident representative offices and their representatives, create a good business environment, and promote the high-quality development of the patent agency industry.

Previously, regarding the establishment of resident representative offices in China by foreign patent agencies, the State Intellectual Property Office conducted pilot projects in some areas of Beijing, Jiangsu and Guangdong.

The relevant person in charge of the State Intellectual Property Office said that the patent agency industry benchmarks against high international standards, actively expands opening up, and improves the internationalization level of services, which is related to the quality and level of my country's independent intellectual property rights, and is related to improving my country's economic strength and maintaining national economic security. It is of great practical significance for realizing the strategic goal of building a strong intellectual property country. The establishment of resident representative offices by foreign patent agencies in my country not only involves the standardized development of the patent agency industry, but also whether the innovation achievements of Chinese market entities can be effectively protected in other countries. In view of the professional and legal nature of patent agency-related work, it is necessary to manage the establishment of resident representative offices in China by foreign patent agencies in accordance with laws and regulations on the basis of actively expanding opening up.

The "Measures" clarify that the establishment of resident representative offices in China by foreign patent agencies is an integral part of the patent agency industry. The State Intellectual Property Office and the intellectual property management department of the provincial people's government shall manage the representative offices and their representatives in accordance with the law. At the same time, in accordance with the principle of equality, the representative offices shall, under the same conditions, equally apply the state's policies and measures to support the development of the intellectual property service industry.

The "Measures" stipulate that the establishment of a resident representative office in China by a foreign patent agency shall be approved by the State Intellectual Property Office. The State Intellectual Property Office shall make a decision within three months from the date of accepting the application. The foreign patent agency shall, within 90 days from the date of approval by the State Intellectual Property Office, apply to the registration authority for establishment registration according to law. The intellectual property management department of the provincial people's government where the representative office is located shall carry out the filing work of the representative office in accordance with the law.

Regarding possible violations of laws and regulations by representative offices and their representatives, the "Measures" stipulate the legal responsibilities that representative offices or representatives should bear according to law. The "Measures" stipulate that the State Intellectual Property Office and the intellectual property management department of the provincial people's government may conduct warning conversations, put forward opinions, urge timely rectification, and investigate and punish the representative offices and their staff who have violated laws and regulations. Transfer to the relevant departments for processing.