The Foreign Trade Law of the People's Republic of China Shall Come into Force from March 1, 2026March 23, 2026

On December 27, 2025, the Foreign Trade Law of the People's Republic of China was published on the website of the National People's Congress of the People's Republic of China and shall come into force from March 1, 2026. Excerpts involving intellectual property rights are as follows:

Chapter V. Protection of Intellectual Property Rights Related to Foreign Trade

Article 32 The state strengthens the protection of intellectual property rights related to foreign trade and protects such rights in accordance with the laws and administrative regulations on intellectual property rights.

If any imported goods infringe upon intellectual property rights and impair the order of foreign trade, the foreign trade department of the State Council may take measures such as prohibiting, for a certain period, the import of relevant goods produced and sold by the infringer.

Article 33 The state carries out international exchanges and cooperation on intellectual property rights related to foreign trade, actively promotes external negotiations on intellectual property rights related to foreign trade, and establishes and improves information platforms for early warning and rights protection assistance with respect to overseas intellectual property rights, to enhance foreign trade operators' intellectual property compliance capability and capability to respond to risks.

Article 34 Where any intellectual property right holder commits any act, such as preventing the licensee from challenging the validity of intellectual property rights involved in a license contract, imposing a mandatory package license, or prescribing exclusive grant-back conditions in a license contract, which impairs the order of fair competition in foreign trade, the foreign trade department of the State Council may take necessary measures to eliminate such impairment.

Article 35 Where any other country or region fails to grant national treatment to individuals or organizations of the People's Republic of China in the protection of intellectual property rights, or fails to provide sufficient and effective protection of intellectual property rights for goods, technologies, or services from the People's Republic of China, the foreign trade department of the State Council may, in accordance with the provisions of this Law and other relevant laws and administrative regulations, and according to the international treaties or agreements that the People's Republic of China has concluded or acceded to, take necessary measures in respect of foreign trade with the said country or region.

(Source: the website of the National People's Congress of the People's Republic of China)