The Measures consists of four chapters and nineteen articles, including general provisions, conditions and procedures for the establishment of representative offices, administration of representative offices, and supplementary provisions. The Measures mainly includes:

(I) Basic provisions for representative offices

The Measures defines the basic provisions for foreign patent agencies planning to set up resident representative offices in China. First, it defines the duty of representative offices. As an organic component of the patent agency industry, the representative office and deputy of a foreign patent agency shall be managed by the China National Intellectual Property Administration and Intellectual Property Departments of the provincial people's governments in accordance with the law. Second, it establishes the principle of equality. Under the same conditions, the representative office enjoys equal access to the policies and measures of the state supporting the development of the intellectual property service industry in accordance with the law.

(II) Conditions and procedures for the establishment of representative offices

Based on the experience of the administrative approval reform for patent agencies, the Measures streamlines the administration systems, including approval and filing for resident representative offices of foreign patent agencies. According to the Measures, the resident representative offices in China shall be set up after the approval of the China National Intellectual Property Administration. The China National Intellectual Property Administration shall review the applications and make decisions within three months from the day the application was received. Foreign patent agencies shall, in accordance with the law, apply for registration at the registration authority within 90 days after receiving approval from the China National Intellectual Property Administration. The Intellectual Property Departments of the provincial people's governments where the representative offices are located shall carry out the filing work for the offices in accordance with the law.

(III) Administration of representative offices

The Measures has specified the legal responsibility the representative offices or their deputies shall bear in accordance with the law in the case of illegal acts or violations of regulations. The Measures states that the China National Intellectual Property Administration and Intellectual Property Departments of the provincial people's governments can issue warnings, conduct interviews, put forward proposals, and supervise timely rectification. Illegal acts of the representative offices and their staff shall also be investigated and, if necessary, transferred to the relevant authorities for punishment in accordance with the law.

(All information in this document is authentic in Chinese. English is provided for reference only. In case of any discrepancy, the Chinese version shall prevail.)

(Source: China National Intellectual Property Administration)