China Will Publish Certain Infringers of Intellectual Property Rights

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Starting on September 1, 2021, the State Administration for Market Regulation (SAMR) of China started publishing certain infringers of intellectual property rights in the List of Enterprises with Serious Illegal and Dishonest Acts.


On July 30, 2021, the SAMR published order No. 44, titled "Measures for the Administration of List of Enterprises with Serious Illegal and Dishonest Acts" (市场监督管理严重违法失信名单管理办法, hereinafter "Measures").


This "Measures" supersedes the interim measures promulgated in 2015. Pursuant to the interim measures, the SAMR started publishing the List of Enterprises with Serious Illegal and Dishonest Acts (hereinafter the "List") in 2016 to alert the parties in the market of certain enterprises that are not reputable.


Section 9 of the "Measures" stipulates that certain parties that intentionally violates intellectual property rights, which parties that received relatively heavy administrative penalties, will be published in the "List".


According to section 12 of the "Measure", the following factors are considered in determining whether a party should be subject to relatively heavy administrative penalties:

  • subjective bad faith;

  • frequency of illegal acts;

  • duration of illegal acts;

  • applicable penalties;

  • amount of fines;

  • product values;

  • harm to public health;

  • loss of properties; and

  • social influence.

The link to the text of the "Measures" is http://www.gov.cn/gongbao/content/2021/content_5641346.htm


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