Administrative Measures of the Establishment of China Permanent Representative Offices of Foreign Patent Agencies
Administrative Measures of the Establishment
China Permanent Representative Offices
of Foreign Patent Agencies
(Date of issue: January 11, 2022)
Important Note:
This English translation is made by MOK POON, if there is any semantic divergence between the two languages versions, the Chinese shall prevail.
Please refer to Chinese version from the Website of CNIPA.
Should you have any questions or comments, please feel free to contact usmail@mokpoon.com.
Chapter I: General Provisions
Article 1These Measures are formulated in accordance with the provisions of the Regulations of Patent Agency, Regulations on the Registration of Permanent Representative Offices of Foreign Enterprises, and other relevant laws and administrative regulations in order to regulate the establishment and business activities of the Permanent Representative Offices of Foreign Patent Agencies in China, safeguard the legitimate rights and interests of the Permanent Representative Offices of Foreign Patent Agencies in China and their Representatives, optimize the business environment and promote the high-quality development of the patent agency industry.
Article 2The term "Permanent Representative Office" of a foreign patent agency (hereinafter referred to as “a Representative Office” or “the Representative Offices”) referred to in these Measures refers to the office established by a foreign patent agency within the territory of China in accordance with the law to engage in patent service activities related to the business of the foreign patent agency.
Article 3the Representative Offices and their representatives shall abide by the laws and regulations of China, abide by the professional ethics and self-discipline norms of patent agents, and shall not harm China's national security and social and public interests.
Article 4The establishment of a permanent representative office within the territory of China by a foreign patent agency shall be subject to the approval of China National Intellectual Property Administration.
China National Intellectual Property Administration and the intellectual property management departments of The People's Governments of Provinces, Autonomous Regions and Municipalities shall manage the representative offices and their representatives in accordance with law.
Article 5, In accordance with the principles of equality of rights, equal opportunities and equality of rules, the Representative Offices shall apply equally the policies and measures of the State on supporting the development of intellectual property services in accordance with the law.
Chapter II: Conditions and Procedures
Establishment of a Representative Office
Article 6Where a foreign patent agency applies for the establishment of a permanent representative office in China, it shall submit an application to the China National Intellectual Property Administration, submit relevant materials, and obtain permission from the foreign patent agency to establish a permanent representative office in China.
Article 7:When applying for the establishment of a Permanent Representative Office in China, a foreign patent agency should meet the following requirements:
(1) being legally established abroad;
(2) substantively carrying out patent agency business for more than 5 years, and has not been subject to self-discipline punishments and/or administrative punishments for the practicing;
(3) The Chief Representative of the Representative Office has full civil capacity; has the qualification of patent agent; has practiced for not less than 3 years; has not received self-discipline punishments and/or administrative punishments for the practicing; and has not been subjected to criminal punishments for intentional crimes.
(4) There are more than 10 patent agents practicing in their home countries.
Article 8The name of the Representative Office shall consist of the following contents successively: the nationality of the foreign patent agency, the Chinese name of the foreign patent agency, the name of the city in which it resides, and the words "representative office ".
Article 9When applying for the establishment of a Representative Office, a foreign patent agency shall submit the following documents to the National Intellectual Property Administration:
(1)An application for the establishment of a Permanent Representative Office signed by the principal person in charge of the foreign patent agency
(2)a business license or a legal commercial certificate on practicing, issued by the relevant competent authority of the country or region in which the foreign patent agency is located;
(3)The authorization to the proposed Chief Representative in the Representative Office from the foreign patent agency, in which shall specify the activities of business of the representative institution;
(4)Relevant information notes and commitments in accordance with the provisions of Article 7 (2) to (4) of these Measures;
(5)The list of representatives of a Representative Office and their brief resumes;
(6)Other materials requested by China National Intellectual Property Administration.
If the application materials/documents are in foreign languages, they shall be accompanied by Chinese translations, and Chinese shall prevail.
Article 10China National Intellectual Property Administration shall make a decision within 3 months from the date of receipt of the applying documents. If an application for the establishment of a Representative Office is approved, a written decision of approval shall be made; if it is not approved, the reasons for the non-approval shall be stated.
A foreign patent agency shall, after approval by China National Intellectual Property Administration, apply to the registration authority for its registration on the establishment of a Representative Office in accordance with the law.
Article 11Within 2 months from the date of receipt of the decision on approval by China National Intellectual Property Administration, the Representative Office shall submit the following materialsthe Administration Section on Patent Affairsthe People's Government of the Province, Autonomous Region or Municipality where the Representative Office is located for the record:
(1) The basic information of the Representative Office, which includes the name and residence of the Representative Office, its Chief Representative and the Representatives, and activities of business, etc .;
(2) Identification Certificates of the Chief Representative and the Representatives, etc.
The Administration Section on Patent Affairs of the People's Governments of Provinces, Autonomous Regions and Municipalities shall facilitate the filing of the Representatives Offices through the Internet.
Article 12If there is any change in the registration of the name or office address of the Representative Office, it shall apply to China National Intellectual Property Administration for the change procedure accordingly.
If the filing information of the Representative Office changes, it shall apply to the Administration Section on Patent Affairs of the People's Government of the Province, Autonomous Region or Municipality where the Representative Office is located, for the change procedure in connection with the relevant situation.
Chapter III Administration of Representative Offices
Article 13China National Intellectual Property Administration and the Administration Section on Patent Affairs of the People's Governments of Provinces, Autonomous Regions and Municipalities shall, in accordance with laws and regulations such as the Administrative Licensing Law of the People's Republic of China and the Regulations on Patent Agencies and relevant provisions of the State, regulate the acts of the Representative Offices and the representatives in accordance with the law.
Article 14the Representative Offices may engage in the following business activities in accordance with the law:
(1) to provide consulting services to clients relating to the patent affairs in the country or region where the foreign patent agency has been allowed to engage in patent agency business;
(2) Accept the entrustment of the clients or the Chinese patent agencies to handle the patent affairs in the country or region where the foreign patent agency has been allowed to engage in patent agency business;
(3) Accept the entrustment of the clients or the Chinese patent agencies to provide them specialized advisory services for overseas investment, overseas early warning, overseas rights protection and other patent-related matters of Chinese enterprises;
(4) On behalf of foreign clients, entrust the Chinese patent agencies to handle the Chinese patent affairs.
The Representative Office shall conduct business activities in accordance with the law and shall not engage in Chinese patent affairs such as representing patent applications and declaring patents invalidation, or Chinese legal affairs.
Article 15China National Intellectual Property Administration and the Administration Section on Patent Affairs of the People's Governments of Provinces, Autonomous Regions and Municipalities shall strengthen the public information dissemination of the Representative Offices and their Representatives, and provide inquiry services for the public to understand the operation of the Representative Offices and the practice information of the Representatives.
Article 16China National Intellectual Property Administration and the Administration Section on Patent Affairs of the People's Governments of Provinces, Autonomous Regions and Municipalities may conduct warning talks and make opinions on the Representative Offices and their staffs that have committed the following violations of laws and regulations, urge timely rectification and, if necessary, transfer to the relevant departments for actions.
(1) Foreign agencies and individuals arbitrarily set up representative offices within the territory of the People's Republic of China without authorization, or illegally engage in patent service activities;
(2) Foreign agencies or individuals engaged in Chinese patent matters such as patent applications and the invalidations of patent rights in China under the name of either Consulting Firms or other names;
(3) The Representative Offices employ Chinese patent agents who have recorded as practicing agents;
(4) Acting or concurrently serving as a representative in more than two representative offices at the same time.
(5) engaging in other illegal activities.
Article 17If a foreign patent agency applies for permission to set up a Permanent Representative Office in China by means of concealing the true situation or falsity, China National Intellectual Property Administration shall not accept or grant an administrative license in accordance with the law; if an administrative license has been obtained in above-mentioned manner, China National Intellectual Property Administration shall revoke the license in accordance with the law.
After obtaining permission to establish a Permanent Representative Office, if the conditions stipulated in these Measures are no longer met due to changes in circumstances, China National Intellectual Property Administration shall order rectification within a specified period of time.
Chapter VI Supplementary Provisions
Article 18These Measures shall be interpreted by China National Intellectual Property Administration.
Article 19These Measures shall come into effect as of the date of promulgation.
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Important Note:
This English translation is made by MOK POON, if there is any semantic divergence between the two languages versions, the Chinese shall prevail.
Please refer to Chinese version from the Website of CNIPA.
Should you have any questions or comments, please feel free to contact usmail@mokpoon.com.
