Legislation & Policy

PRC Legislative Plan for 2023-2028

SIPSKnowledge, Legislation / Policy

In November 2023, the 14th Standing Committee of the National People’s Congress released its Legislative Plan for the period 2023 to 2028.

The Plan sets out projects for new legislation in three tiers, and identifies four IP-related laws that are targeted for amendment.

Tier 1 projects include amendment of the Anti-Unfair Competition Law, the Product Quality Law, and the Criminal Procedure Law. Amendments to these laws could potentially be promulgated within the next one to two years.

The Plan lists amendment of the Trademark Law as a Tier 2 task. While the Plan does not indicate a clear timeline for action, it holds out the possibility that amendments to the law could be prioritized if conditions become “ripe.” As such, the timeline for amendment of the Trademark Law remains unclear for now. The China National IP Administration has reportedly been advocating for the law to be amended by the end of 2024. However, experience suggests that the amendment process is likely to extend beyond this timeframe.

A White Paper issued by our firm in 2023 on the proposed draft amendment to the Trademark Law is available here.

Drafts of revisions to the Anti-Unfair Competition Law, Product Quality Law, and Trademark Law were circulated by relevant ministries between November 2022 and November 2023.

For further information on the Standing Committee’s November 2023 Legislative Plan, see here.