The “Regulations of Shanghai Municipality on the Protection of Intellectual Property Rights” will come into effect on March 1, 2021

On December 30, 2020, the “Regulations of Shanghai Municipality on the Protection of Intellectual Property Rights”(hereinafter referred to as the “Regulations”) has been reviewed and approved at the 28th Meeting of the Standing Committee of the 15th Shanghai Municipal People’s Congress, and will be implemented on March 1 2021. The “Regulations” has the following highlights:

1. To list a more comprehensive object scope of IPR

The common IPR objects include copyright, trademark, and patent, which have relevant laws. However, there are several other IPR object in other laws, and administrative regulations. For example, trade secrets in the “Anti-Unfair Competition Law”, integrated circuit layout designs in the “Regulations on the Protection of Integrated Circuit Layout Designs”, and etc. The “Regulations” has listed all these objects. Article 2 of the “Regulations” prescribes that the objects of IPR include works; inventions, utility models, and designs; trademarks; geographical indications; trade secrets; integrated circuit layout designs; new plant varieties; and other objects prescribed by law.

2. To stipulate the coordination and cooperation requirements of various departments in Shanghai and the Yangtze River Delta in the protection of IPR

Article 5 and 6 of the “Regulations” stipulate that the responsible department for the coordination and cooperation of various departments in Shanghai in terms of IPR protection is the municipal and district IPR departments; and the relevant requirements for each department within the scope of their duties. Article 7 stipulates the key points in the coordination and cooperation of IPR protection in the Yangtze River Delta region.

3. To mention the principled requirements for technology export review

Based on the requirements of the “Export Control Law” and other related regulations, Article 16 of the “Regulations” requires the responsible departments to improve the IPR export review system, that is, the municipal IPR department, in conjunction with the municipal economic information department, commerce department, science and technology department and other relevant departments, shall formulate and improve review procedures and rules on IPR export, regulate the order of IPR export, and safeguard national security and major public interests; for the IPR export related to foreign-related M&A, the local relevant departments shall cooperate with the relevant state departments in reviewing the IPR export.

4. To list a series of administrative protection measures

Chapter 3 of the “Regulations” stipulates the relevant administrative protection measures for IPR, including the comprehensive IPR information service platform; Shanghai key trademark protection list system; guidance on trademark and patent registration applications and rights protection; administrative and judicial investigation and handling coordination; the mediation of disputes on the infringement of new plant varieties, patent and etc.; the system of IPR technical investigators; and the handling mechanism for complaints and reports of violations of IPR.

5. To put forward the tendency of judicial protection

Chapter 4 of the “Regulations” puts forward inclination opinions on judicial protection, such as encouraging parties to make full use of third-party evidence preservation methods, such as notarization, and electronic data platforms; increase compensation for IPR infringement, and apply punitive compensation for infringement with serious circumstances. These are good news for right holders.