Chinese walker

Know China's financial regulations pretty well? Wanna know about any other relevant issues of it? Wow~ This is what you need! Anyone is invited to become one of us ---- to write down your opinions.

（１９８０年９月１０日第五届全国人民代表大会第三次会议通过根据２００１年４月２８日第九届全国人民代表大会常务委员会第二十一次会议《关于修改〈中华人民共和国婚姻法〉的决定》修正）
　　目录
　　第一章　总　　则
　　第二章　结　　婚
　　第三章　家庭关系
　　第四章　离　　婚
　　第五章　救助措施与法律责任
　　第六章　附　　则
　　第一章　总　　则
　　第一条　本法是婚姻家庭关系的基本准则。
　　第二条　实行婚姻自由、一夫一妻、男女平等的婚姻制度。
　　保护妇女、儿童和老人的合法权益。
　　实行计划生育。
　　第三条　禁止包办、买卖婚姻和其他干涉婚姻自由的行为。禁止借婚姻索取财物。
　　禁止重婚。禁止有配偶者与他人同居。禁止家庭暴力。禁止家庭成员间的虐待和遗弃。
　　第四条　夫妻应当互相忠实，互相尊重；家庭成员间应当敬老爱幼，互相帮助，维护平等、和睦、文明的婚姻家庭关系。
　　第二章　结　　婚
　　第五条　结婚必须男女双方完全自愿，不许任何一方对他方加以强迫或任何第三者加以干涉。
　　第六条　结婚年龄，男不得早于二十二周岁，女不得早于二十周岁。晚婚晚育应予鼓励。
　　第七条　有下列情形之一的，禁止结婚：
　　（一）直系血亲和三代以内的旁系血亲；
　　（二）患有医学上认为不应当结婚的疾病。
　　第八条　要求结婚的男女双方必须亲自到婚姻登记机关进行结婚登记。符合本法规定的，予以登记，发给结婚证。取得结婚证，即确立夫妻关系。未办理结婚登记的，应当补办登记。
　　第九条　登记结婚后，根据男女双方约定，女方可以成为男方家庭的成员，男方可以成为女方家庭的成员。
　　第十条　有下列情形之一的，婚姻无效：
　　（一）重婚的；
　　（二）有禁止结婚的亲属关系的；
　　（三）婚前患有医学上认为不应当结婚的疾病，婚后尚未治愈的；
　　（四）未到法定婚龄的。
　　第十一条　因胁迫结婚的，受胁迫的一方可以向婚姻登记机关或人民法院请求撤销该婚姻。受胁迫的一方撤销婚姻的请求，应当自结婚登记之日起一年内提出。被非法限制人身自由的当事人请求撤销婚姻的，应当自恢复人身自由之日起一年内提出。
　　第十二条　无效或被撤销的婚姻，自始无效。当事人不具有夫妻的权利和义务。同居期间所得的财产，由当事人协议处理；协议不成时，由人民法院根据照顾无过错方的原则判决。对重婚导致的婚姻无效的财产处理，不得侵害合法婚姻当事人的财产权益。当事人所生的子女，适用本法有关父母子女的规定。
　　第三章　家庭关系
　　第十三条　夫妻在家庭中地位平等。
　　第十四条　夫妻双方都有各用自己姓名的权利。
　　第十五条　夫妻双方都有参加生产、工作、学习和社会活动的自由，一方不得对他方加以限制或干涉。
　　第十六条　夫妻双方都有实行计划生育的义务。
　　第十七条　夫妻在婚姻关系存续期间所得的下列财产，归夫妻共同所有：
　　（一）工资、奖金；
　　（二）生产、经营的收益；
　　（三）知识产权的收益；
　　（四）继承或赠与所得的财产，但本法第十八条第三项规定的除外；
　　（五）其他应当归共同所有的财产。
　　夫妻对共同所有的财产，有平等的处理权。
　　第十八条　有下列情形之一的，为夫妻一方的财产：
　　（一）一方的婚前财产；
　　（二）一方因身体受到伤害获得的医疗费、残疾人生活补助费等费用；
　　（三）遗嘱或赠与合同中确定只归夫或妻一方的财产；
　　（四）一方专用的生活用品；
　　（五）其他应当归一方的财产。
　　第十九条　夫妻可以约定婚姻关系存续期间所得的财产以及婚前财产归各自所有、共同所有或部分各自所有、部分共同所有。约定应当采用书面形式。没有约定或约定不明确的，适用本法第十七条、第十八条的规定。
　　夫妻对婚姻关系存续期间所得的财产以及婚前财产的约定，对双方具有约束力。
　　夫妻对婚姻关系存续期间所得的财产约定归各自所有的，夫或妻一方对外所负的债务，第三人知道该约定的，以夫或妻一方所有的财产清偿。
　　第二十条　夫妻有互相扶养的义务。
　　一方不履行扶养义务时，需要扶养的一方，有要求对方付给扶养费的权利。
　　第二十一条　父母对子女有抚养教育的义务；子女对父母有赡养扶助的义务。
　　父母不履行抚养义务时，未成年的或不能独立生活的子女，有要求父母付给抚养费的权利。
　　子女不履行赡养义务时，无劳动能力的或生活困难的父母，有要求子女付给赡养费的权利。
　　禁止溺婴、弃婴和其他残害婴儿的行为。
　　第二十二条　子女可以随父姓，可以随母姓。
　　第二十三条　父母有保护和教育未成年子女的权利和义务。在未成年子女对国家、集体或他人造成损害时，父母有承担民事责任的义务。
　　第二十四条　夫妻有相互继承遗产的权利。
　　父母和子女有相互继承遗产的权利。
　　第二十五条　非婚生子女享有与婚生子女同等的权利，任何人不得加以危害和歧视。
　　不直接抚养非婚生子女的生父或生母，应当负担子女的生活费和教育费，直至子女能独立生活为止。
　　第二十六条　国家保护合法的收养关系。养父母和养子女间的权利和义务，适用本法对父母子女关系的有关规定。
　　养子女和生父母间的权利和义务，因收养关系的成立而消除。
　　第二十七条　继父母与继子女间，不得虐待或歧视。
　　继父或继母和受其抚养教育的继子女间的权利和义务，适用本法对父母子女关系的有关规定。
　　第二十八条　有负担能力的祖父母、外祖父母，对于父母已经死亡或父母无力抚养的未成年的孙子女、外孙子女，有抚养的义务。有负担能力的孙子女、外孙子女，对于子女已经死亡或子女无力赡养的祖父母、外祖父母，有赡养的义务。
　　第二十九条　有负担能力的兄、姐，对于父母已经死亡或父母无力抚养的未成年的弟、妹，有扶养的义务。由兄、姐扶养长大的有负担能力的弟、妹，对于缺乏劳动能力又缺乏生活来源的兄、姐，有扶养的义务。
　　第三十条　子女应当尊重父母的婚姻权利，不得干涉父母再婚以及婚后的生活。子女对父母的赡养义务，不因父母的婚姻关系变化而终止。
　　第四章　离　　婚
　　第三十一条　男女双方自愿离婚的，准予离婚。双方必须到婚姻登记机关申请离婚。婚姻登记机关查明双方确实是自愿并对子女和财产问题已有适当处理时，发给离婚证。
　　第三十二条　男女一方要求离婚的，可由有关部门进行调解或直接向人民法院提出离婚诉讼。
　　人民法院审理离婚案件，应当进行调解；如感情确已破裂，调解无效，应准予离婚。
　　有下列情形之一，调解无效的，应准予离婚：
　　（一）重婚或有配偶者与他人同居的；
　　（二）实施家庭暴力或虐待、遗弃家庭成员的；
　　（三）有赌博、吸毒等恶习屡教不改的；
　　（四）因感情不和分居满二年的；
　　（五）其他导致夫妻感情破裂的情形。
　　一方被宣告失踪，另一方提出离婚诉讼的，应准予离婚。
　　第三十三条　现役军人的配偶要求离婚，须得军人同意，但军人一方有重大过错的除外。
　　第三十四条　女方在怀孕期间、分娩后一年内或中止妊娠后六个月内，男方不得提出离婚。女方提出离婚的，或人民法院认为确有必要受理男方离婚请求的，不在此限。
　　第三十五条　离婚后，男女双方自愿恢复夫妻关系的，必须到婚姻登记机关进行复婚登记。
　　第三十六条　父母与子女间的关系，不因父母离婚而消除。离婚后，子女无论由父或母直接抚养，仍是父母双方的子女。
　　离婚后，父母对于子女仍有抚养和教育的权利和义务。
　　离婚后，哺乳期内的子女，以随哺乳的母亲抚养为原则。哺乳期后的子女，如双方因抚养问题发生争执不能达成协议时，由人民法院根据子女的权益和双方的具体情况判决。
　　第三十七条　离婚后，一方抚养的子女，另一方应负担必要的生活费和教育费的一部或全部，负担费用的多少和期限的长短，由双方协议；协议不成时，由人民法院判决。
　　关于子女生活费和教育费的协议或判决，不妨碍子女在必要时向父母任何一方提出超过协议或判决原定数额的合理要求。
　　第三十八条　离婚后，不直接抚养子女的父或母，有探望子女的权利，另一方有协助的义务。
　　行使探望权利的方式、时间由当事人协议；协议不成时，由人民法院判决。
　　父或母探望子女，不利于子女身心健康的，由人民法院依法中止探望的权利；中止的事由消失后，应当恢复探望的权利。
　　第三十九条　离婚时，夫妻的共同财产由双方协议处理；协议不成时，由人民法院根据财产的具体情况，照顾子女和女方权益的原则判决。
　　夫或妻在家庭土地承包经营中享有的权益等，应当依法予以保护。
　　第四十条　夫妻书面约定婚姻关系存续期间所得的财产归各自所有，一方因抚育子女、照料老人、协助另一方工作等付出较多义务的，离婚时有权向另一方请求补偿，另一方应当予以补偿。
　　第四十一条　离婚时，原为夫妻共同生活所负的债务，应当共同偿还。共同财产不足清偿的，或财产归各自所有的，由双方协议清偿；协议不成时，由人民法院判决。
　　第四十二条　离婚时，如一方生活困难，另一方应从其住房等个人财产中给予适当帮助。具体办法由双方协议；协议不成时，由人民法院判决。
　　第五章　救助措施与法律责任
　　第四十三条　实施家庭暴力或虐待家庭成员，受害人有权提出请求，居民委员会、村民委员会以及所在单位应当予以劝阻、调解。
　　对正在实施的家庭暴力，受害人有权提出请求，居民委员会、村民委员会应当予以劝阻；公安机关应当予以制止。
　　实施家庭暴力或虐待家庭成员，受害人提出请求的，公安机关应当依照治安管理处罚的法律规定予以行政处罚。
　　第四十四条　对遗弃家庭成员，受害人有权提出请求，居民委员会、村民委员会以及所在单位应当予以劝阻、调解。
　　对遗弃家庭成员，受害人提出请求的，人民法院应当依法作出支付扶养费、抚养费、赡养费的判决。
　　第四十五条　对重婚的，对实施家庭暴力或虐待、遗弃家庭成员构成犯罪的，依法追究刑事责任。受害人可以依照刑事诉讼法的有关规定，向人民法院自诉；公安机关应当依法侦查，人民检察院应当依法提起公诉。
　　第四十六条　有下列情形之一，导致离婚的，无过错方有权请求损害赔偿：
　　（一）重婚的；
　　（二）有配偶者与他人同居的；
　　（三）实施家庭暴力的；
　　（四）虐待、遗弃家庭成员的。
　　第四十七条　离婚时，一方隐藏、转移、变卖、毁损夫妻共同财产，或伪造债务企图侵占另一方财产的，分割夫妻共同财产时，对隐藏、转移、变卖、毁损夫妻共同财产或伪造债务的一方，可以少分或不分。离婚后，另一方发现有上述行为的，可以向人民法院提起诉讼，请求再次分割夫妻共同财产。
　　人民法院对前款规定的妨害民事诉讼的行为，依照民事诉讼法的规定予以制裁。
　　第四十八条　对拒不执行有关扶养费、抚养费、赡养费、财产分割、遗产继承、探望子女等判决或裁定的，由人民法院依法强制执行。有关个人和单位应负协助执行的责任。
　　第四十九条　其他法律对有关婚姻家庭的违法行为和法律责任另有规定的，依照其规定。
　　第六章　附　　则
　　第五十条　民族自治地方的人民代表大会有权结合当地民族婚姻家庭的具体情况，制定变通规定。自治州、自治县制定的变通规定，报省、自治区、直辖市人民代表大会常务委员会批准后生效。自治区制定的变通规定，报全国人民代表大会常务委员会批准后生效。
　　第五十一条　本法自１９８１年１月１日起施行。
　　１９５０年５月１日颁行的《中华人民共和国婚姻法》，自本法施行之日起废止。
Marriage Law of the People’s Republic of China
　　（Adopted at the Third Session of the Fifth National People’s Congress on September 10,1980, and amended in accordance with Decision Regarding the Amendment (of Marriage Law of the People’s Republic of China) passed at 21st Session of the Standing Committee of the Ninth National People’s Congress on April 28,2001）
　　Chapter I General Provisions
　　Article 1 This Law is the Fundamental code governing marriage and family relations.
　　Article 2 A marriage system based on the free choice of partners, on monogamy and on equality between man and woman shall be applied.
　　The lawful rights and interests of women, children and old people shall be protected.
　　Family planning shall be practised.
　　Article 3 Marriage upon arbitrary decision by any third party, mercenary marriage and any other acts of interference in the freedom of marriage shall be prohibited. The exaction of money or gifts in connection with marriage shall be prohibited.
　　Bigamy shall be prohibited. Cohabitation of a married person with any third party shall be prohibited. Domestic violence shall be prohibited. Within the family maltreatment and desertion of one family member by another shall be prohibited.
　　Article 4 Husband and wife shall be faithful to and respect each other. Within the family family members shall respect the old and cherish the young, help one another, and maintain equal, harmonious and civilized marriage and family relations.
　　Chapter II Marriage Contract
　　Article 5 Marriage must by based upon the complete willingness of both man and woman. Neither party may use compulsion on the other party and no third party may interfere.
　　Article 6 No marriage may be contracted before the man has reached 22 years of age and the woman 20 years of age. Late marriage and late childbirth shall be encouraged.
　　Article 7 No marriage may be contracted under any of the following circumstances:
　　(1)if the man and the woman are lineal relatives by blood, or collateral relatives by blood up to the third degree of kinship; and
　　(2)if the man or the woman is suffering from any disease, which is regarded by medical science as rendering a person unfit for marriage.
　　Article 8 Both the man and the woman desiring to contract a marriage shall register in person with the marriage registration office. If the proposed marriage is found to conform with the provisions of this Law, the couple shall be allowed to register and issued marriage certificates. The husband and wife relationship shall be established as soon as they acquire the marriage certificates. In the absence of the marriage registration, the man and the woman shall go through the procedures subsequently.
　　Article 9 After a marriage has been registered, the woman may become a member of the man”s family or vice versa, depending on the agreed wishes of the two parties.
　　Article 10 Marriage shall be invalid under any of the following circumstances:
　　(1)if one party commits bigamy;
　　(2)if the man and the woman are relatives by blood up to the third degree of kinship;
　　(3)if, before marriage, one party is suffering from a disease which is regarded by medical science as rendering a person unfit for marriage and, after marriage, a cure is not effected; and
　　(4)if the legally marriageable age is not attained.
　　Article 11 In the case of a marriage made under coercion, the coerced party may make a request to the marriage registration office or the people’s court for the dissolution of the marriage contract. Such a request shall be made within one year as of the marriage registration date. The party concerned whose personal freedom is curbed illegitimately shall make a request for dissolution of the marriage contract within one year as of the date on which his or her personal freedom is restored.
　　Article 12 Void or dissolved marriage shall be invalid from its inception. Neither party concerned shall have the rights and duties of husband or wife. The property acquired during their cohabitation shall be subject to disposition by mutual agreement. If they fail to reach an agreement, the people’s court shall give a ruling on the principle of caring for the no-fault party. The disposition of the property of void marriage caused by bigamy may not be to the detriment of the property rights and interests of the party concerned to the lawful marriage. The provisions of this Law regarding parents and children shall apply to the children born from the parties concerned.
　　Chapter III Family Relations
　　Article 13 Husband and wife shall have equal status in the family.
　　Article 14 Both husband and wife shall have the right to use his or her own surname and given name.
　　Article 15 Both husband and wife shall have the freedom to engage in production and other work, to study and to participate in social activities; neither party may restrict or interfere with the other party.
　　Article 16 Both husband and wife shall have the duty to practise family planning.
　　Article 17 The following items of property acquired by husband and wife during the period in which they are under contract of marriage shall be jointly possessed:
　　(1)pay and bonus;
　　(2)earnings from production and operation;
　　(3)earnings from intellectual property rights;
　　(4)property obtained from inheritance of gift except as provided for in Article 18(3) of this Law; and
　　(5)Any other items of property which shall be in his or her separate possession.
　　Article 19 So far as the property acquired during the period in which they are under contract of marriage and the prenuptial property are concerned, husband and wife may agree as to whether they should be in the separate possession, joint possession or partly separate possession and partly joint possession. The agreement shall be made in writing. The provisions of Articles 17 and 18 of this Law shall apply to the absence of such an agreement or to a vague one.
　　The agreement reached between the husband and wife on the property acquired during the period in which they are under contract of marriage and on the prenuptial property is binding on both parties.
　　If husband and wife agree, as is known to the third party, to separately possess their property acquired during their marriage life, the debt owed by the husband or the wife to any other person, shall be paid off out of the property separately possessed by him or her.
　　Article 20 Husband and wife shall have the duty to maintain each other.
　　If one party fails to perform this duty, the party in need of maintenance shall have the right to demand maintenance payments from the other party.
　　Article 21 Parents shall have the duty to bring up and educate their children; children shall have the duty to support and assist their parents.
　　If parents fail to perform their duty, children who are minors or who are incapable of living on their own shall have the right to demand the cost of upbringing from their parents.
　　If children fail to perform their duty, parents who are unable to work or have difficulties in providing for themselves shall have the right to demand support payments from their children.
　　Infant drowning, deserting and any other acts causing serious harm to infants and infanticide shall be prohibited.
　　Article 22 Children may adopt their father’s or their mother’s surname.
　　Article 23 Parents shall have the right and duty to subject their children who are minors to discipline and to protect them. If children who are minors cause damage to the state, the collective, or individuals, their parents shall have the duty to bear civil liability.
　　Article 24 Husband and wife shall have the right to inherit each other’s property.
　　Parents and children shall have right to inherit each other’s property.
　　Article 25 Children born out of wedlock shall enjoy the same rights as children born in wedlock. No one may harm or discriminate against them.
　　The natural father or the natural mother who does not rear directly his or her child born out of wedlock shall bear the child’s living and educational expenses until the child can support himself or herself.
　　Article 26 The state shall protect lawful adoption. The relevant provisions of this Law governing the relationship between parents and children shall apply to the rights and duties in the relationship between foster parents and foster children.
　　The right and duties in the relationship between a foster child and his or her natural parents shall terminate with the establishment of this adoption.
　　Article 27 Maltreatment or discrimination shall not be permitted between stepparents and stepchildren.
　　The relevant provisions in this Law governing the relationship between parents and children shall apply to the rights and duties in the relationship between stepfathers or stepmothers and their stepchildren who receive care and education from them.
　　Article 28 Grandparents or maternal grandparents who can afford it shall have the duty to bring up their grandchildren or maternal grandchildren who are minors and whose parents are dead or have no capacity of bringing them up. Grandchildren or maternal grandchildren who can afford it shall have the duty to support their grandparents or maternal grandparents whose children are dead or cannot afford it.
　　Article 29 Elder brothers or elder sisters who can afford it shall have the duty to bring up their younger brothers or sisters who are minors if their parents are dead or have no means to bring them up. Younger brothers or sisters who have been brought up by their elder brothers or elder sisters and have the means of maintenance shall have the duty to support them who are lacking in the capacity to work and in the source of income.
　　Article 30 Children shall have respect for their parents” matrimonial rights and shall not interfere in their parents” remarriage and postnuptial life. Children’s duty to maintain their parents shall not terminate with the change in their parents” matrimonial relationship.
　　Chapter IV Divorce
　　Article 31 Divorce shall be granted if husband and wife both desire it. Both parties shall apply to the marriage registration office for divorce. The marriage registration office, after clearly establishing that divorce is desired by both parties and that appropriate arrangements have been made for the care of any children and the disposition of property, shall issue the divorce certificates.
　　Article 32 When one party alone desires a divorce, the organizations concerned may carry out mediation, or the party may appeal directly to a people’s court to start divorce proceedings.
　　In dealing with a divorce case, the people’s court should carry out mediation between the parties. Divorce shall be granted if mediation fails because mutual affection no long exists.
　　Divorce shall be granted if mediation fails under any of the following circumstances:
　　(1)bigamy or, cohabitation of a married person with any third party;
　　(2)domestic violence or, maltreatment and desertion of one family member by another;
　　(3)bad habits of gamble or drug addiction which remain incorrigible despite repeated admonition;
　　(4)separation caused by incompatibility, which lasts two full years; and
　　(5)any other circumstances causing alienation of mutual affection.
　　Divorce shall be granted if one party is declared to be missing and the other party thereby files an action for divorce.
　　Article 33 If the spouse of a soldier in active military service desires a divorce, the soldier’s consent must b e obtained, except that the soldier commits a serious fault.
　　Article 34 A husband may not apply for a divorce when his wife is pregnant or within one year after the birth of a child or within six months after pregnancy suspension. This restriction shall not apply in cases where the wife applies for a divorce, or when the people’s court deems it necessary to accept the divorce application made by the husband.
　　Article 35 If, after divorce, both parties desire to resume their husband-and-wife relationship, they shall register for the remarrying of each other with the marriage registration office.
　　Article 36 The relationship between parents and children shall not come to and end with the parents” divorce. After divorce, whether the children are put in the custody of the father or the mother, they shall remain the children of both parents.
　　After divorce, both parents shall still have the right and duty to bring up and educate their children.
　　In principle the mother shall have the custody of a breast-fed infant after divorce. If a dispute arises between the two parties over the custody of their child who has been weaned and they fail to reach an agreement, the people’s court shall make a judgment in accordance with the rights and interests of the child and the actual conditions of both parents.
　　Article 37 If, after divorce, one party has been given custody of a child, the other parent shall bear part or the whole of the child”s necessary living and educational expenses. The two parties shall agreement regarding the amount and duration of such payment. If they fail to reach an agreement, the people’s court shall make a judgment.
　　The agreement or the court judgment on a child’s living and educational expenses shall not prevent the child from making a reasonable request, when necessary, to either parent for an amount exceeding what was decided upon in the said agreement or judgment.
　　Article 38 After divorce, the father or the mother who does not rear their children directly shall have the right to visit them, while the other party shall have the duty to give assistance.
　　The parents shall reach an agreement about how and when to exercise the right of visit. If they fail to reach an agreement, the people’s court shall make a judgement.
　　If the father or the mother visits their children to the detriment of their mental and physical health, a people’s court shall suspend the right of visit according to law; and such a right shall be restored after the main content of the suspension disappears.
　　Article 39 At the time of divorce, the disposition of the property in the joint possession of husband and wife is subject to agreement between the two parties. In cases where an agreement cannot be reached, the people’s court shall make a judgement in consideration of the actual circumstance of the property and on the principle of caring for the rights and interests of the wife and the child or children.
　　The rights and interests enjoyed by husband or wife in the operation of land under a contract based on the household shall be protected according to law.
　　Article 40 According to a couple’s written agreement, the items of property acquired during their marriage are in the separate possession. In this connection, if one party performs more duties in rearing their children, looking after their elders and assisting the other party in work, he or she shall have the right at the time of divorce to request compensation from the other party who shall make the compensation.
　　Article 41 At the time of divorce, debts incurred by the husband and wife during their marriage shall be paid off out of their jointly possessed property. If such property is insufficient to pay off the debts or, the items of the property are in the separate possession, the two parties shall work out an agreement with regard to the payment. If they fail to reach an agreement, the people’s court shall make a judgment.
　　Article 42 If, at the time of divorce, one party has difficulties supporting himself or herself, the other party shall render appropriate help from her or his personal property such as a dwelling house. Specific arrangements shall be made between both parties through consultation. If they fail to reach an agreement, the people’s court shall make a judgement.
　　Chapter V Succour Measures and Legal Liability
　　Article 43 In regard to the domestic violence to or maltreatment of family member(s), the victim shall have the right to make a request, and the neighborhood or villager committee as well as the units in which the parties concerned work shall dissuade the wrongdoer, and offer mediation.
　　In regard to the domestic violence being committed, the victim shall have the right to make a request, the neighborhood or villager committee shall dissuade the wrongdoer, and the public security organ shall stop the violence.
　　If, in regard to the domestic violence to or maltreatment of family member(s), the victim makes a request, the public security organ shall subject the wrongdoer to administrative penalty in accordance with the relevant provisions of administrative sanctions for public order.
　　Article 44 In regard to the desertion of one family member by another, the victim shall have the right to make a request, and the neighborhood or villager committee as well as the units in which the parties concerned work shall dissuade the wrongdoer and offer mediation.
　　If, in regard to the desertion of one family member by another, the victim makes a request, the people’s court shall pass a judgment on the effecting of maintenance, upbringing and support payments according to law.
　　Article 45 If bigamy, domestic violence to or maltreatment and desertion of family member(s) constitute a crime, the criminal responsibility of the wrongdoer shall be investigated according to law. The victim may institute a voluntary prosecution in a people’s court in accordance with the relevant provisions of the criminal procedure law. The public security organ shall investigate the case according to law and the people’s procuratorate shall initiate a public prosecution according to law.
　　Article 46 A no-fault party shall have the right to make a request for damage compensation under any of the following circumstances bringing about divorce:
　　(1)bigamy;
　　(2)cohabitation of a married person with any third party;
　　(3)domestic violence; and
　　(4)maltreatment and desertion of one family member by another.
　　Article 47 When the couple’s joint property is divided, the party may get smaller or no share of the property if he or she conceals, transfers, sells off, destroys the couple’s joint property, or forges debts in an attempt to convert the other party’s property at the time of divorce. After divorce, the other party, on finding the above-mentioned acts, may file an action in a people’s court, and make a request for another division of the couple’s joint property.
　　Regarding the acts to the prejudice of the civil litigation that are specified in the preceding paragraph, the people’s court shall subject the wrongdoer to the punishment according to the provisions of the civil procedure law.
　　Article 48 In cases where the person refuses to abide by judgements or rulings on maintenance, upbringing or support payments, or on the division or inheritance of property, or on visits to children, the people’s court shall enforce the execution of the judgements or rulings according to law. The individuals and units concerned shall have the duty to assist such executions.
　　Article 49 Where laws provide otherwise against illegal acts and for legal liability in regard to marriage and family, the provisions in such laws shall apply.
　　Chapter VI Supplementary Provisions
　　Article 50 The people’s congresses in national autonomous areas shall have the right to formulate certain adaptations in the light of the specific conditions of the local nationalities in regard to marriage and family. Provisions of adaptations formulated by autonomous prefectures and autonomous counties must be submitted to the standing committee of the people’s congress of the relevant province or autonomous region or municipality directly under the Central Government for approval. Provisions of adaptations formulated by autonomous regions must be submitted to the Standing Committee of the National People’s Congress for the record.
　　Article 51 This Law shall come into force as of January 1, 1981.
　　The Marriage Law of the People’s Republic of China promulgated on May 1, 1950 shall be invalidated as of the day this Law comes into force.

　　（1984年3月12日第六届全国人民代表大会常务委员会第四次会议通过根据1992年9月4日第七届全国人民代表大会常务委员会第二十七次会议《关于修改〈中华人民共和国专利法〉的决定》修正）
　　第一章 总 则
　　第一条 为了保护发明创造专利权，鼓励发明创造，有利于发明创造的推广应用，促进科学技术的发展，适应社会主义现代化建设的需要，特制定本法。
　　第二条 本法所称的发明创造是指发明、实用新型和外观设计。
　　第三条 中华人民共和国专利局受理和审查专利申请，对符合本法规定的发明创造授予专利权。
　　第四条 申请专利的发明创造涉及国家安全或者重大利益需要保密的，按照国家有关规定办理。
　　第五条 对违反国家法律、社会公德或者妨害公共利益的发明创造，不授予专利权。
　　第六条 执行本单位的任务或者主要是利用本单位的物质条件所完成的职务发明创造，申请专利的权利属于该单位；非职务发明创造，申请专利的权利属于发明人或者设计人。申请被批准后，全民所有制单位申请的，专利权归该单位持有；集体所有制单位或者个人申请的，专利权归该单位或者个人所有。
　　在中国境内的外资企业和中外合资经营企业的工作人员完成的职务发明创造，申请专利的权利属于该企业；非职务发明创造，申请专利的权利属于发明人或者设计人。申请被批准后，专利权归申请的企业或者个人所有。
　　专利权的所有人和持有人统称专利权人。
　　第七条 对发明人或者设计人的非职务发明创造专利申请，任何单位或者个人不得压制。
　　第八条 两个以上单位协作或者一个单位接受其他单位委托的研究、设计任务所完成的发明创造，除另有协议的以外，申请专利的权利属于完成或者共同完成的单位；申请被批准后，专利权归申请的单位所有或者持有。
　　第九条 两个以上的申请人分别就同样的发明创造申请专利的，专利权授予最先申请的人。
　　第十条 专利申请权和专利权可以转让。
　　全民所有制单位转让专利申请权或者专利权的，必须经上级主管机关批准。
　　中国单位或者个人向外国人转让专利申请权或者专利权的，必须经国务院有关主管部门批准。
　　转让专利申请权或者专利权的，当事人必须订立书面合同，经专利局登记和公告后生效。
　　第十一条 发明和实用新型专利权被授予后，除法律另有规定的以外，任何单位或者个人未经专利权人许可，不得为生产经营目的制造、使用、销售其专利产品，或者使用其专利方法以及使用、销售依照该专利方法直接获得的产品。
　　外观设计专利权被授予后，任何单位或者个人未经专利权人许可，不得为生产经营目的制造、销售其外观设计专利产品。
　　专利权被授予后，除法律另有规定的以外，专利权人有权阻止他人未经专利权人许可，为上两款所述用途进口其专利产品或者进口依照其专利方法直接获得的产品。
　　第十二条 任何单位或者个人实施他人专利的，除本法第十四条规定的以外，都必须与专利权人订立书面实施许可合同，向专利权人支付专利使用费。被许可人无权允许合同规定以外的任何单位或者个人实施该专利。
　　第十三条 发明专利申请公布后，申请人可以要求实施其发明的单位或者个人支付适当的费用。
　　第十四条 国务院有关主管部门和省、自治区、直辖市人民政府根据国家计划，有权决定本系统内或者所管辖的全民所有制单位持有的重要发明创造专利允许指定的单位实施，由实施单位按照国家规定向持有专利权的单位支付使用费。
　　中国集体所有制单位和个人的专利，对国家利益或者公共利益具有重大意义，需要推广应用的，由国务院有关主管部门报国务院批准后，参照上款规定办理。
　　第十五条 专利权人有权在其专利产品或者该产品的包装上标明专利标记和专利号。
　　第十六条 专利权的所有单位或者持有单位应当对职务发明创造的发明人或者设计人给予奖励；发明创造专利实施后，根据其推广应用的范围和取得的经济效益，对发明人或者设计人给予奖励。
　　第十七条 发明人或者设计人有在专利文件中写明自己是发明人或者设计人的权利。
　　第十八条 在中国没有经常居所或者营业所的外国人、外国企业或者外国其他组织在中国申请专利的，依照其所属国同中国签订的协议或者共同参加的国际条约，或者依照互惠原则，根据本法办理。
　　第十九条 在中国没有经常居所或者营业所的外国人、外国企业或者外国其他组织在中国申请专利和办理其他专利事务的，应当委托中华人民共和国国务院指定的专利代理机构办理。
　　中国单位或者个人在国内申请专利和办理其他专利事务的，可以委托专利代理机构办理。
　　第二十条 中国单位或者个人将其在国内完成的发明创造向外国申请专利的，应当首先向专利局申请专利，并经国务院有关主管部门同意后，委托国务院指定的专利代理机构办理。
　　第二十一条 在专利申请公布或者公告前，专利局工作人员及有关人员对其内容负有保密责任。
　　第二章 授予专利权的条件
　　第二十二条 授予专利权的发明和实用新型，应当具备新颖性、创造性和实用性。
　　新颖性，是指在申请日以前没有同样的发明或者实用新型在国内外出版物上公开发表过、在国内公开使用过或者以其他方式为公众所知，也没有同样的发明或者实用新型由他
　　人向专利局提出过申请并且记载在申请日以后公布的专利申请文件中。
　　创造性，是指同申请日以前已有的技术相比，该发明有突出的实质性特点和显著的进步，该实用新型有实质性特点和进步。
　　实用性，是指该发明或者实用新型能够制造或者使用，并且能够产生积极效果。
　　第二十三条 授予专利权的外观设计，应当同申请日以前在国内外出版物上公开发表过或者国内公开使用过的外观设计不相同或者不相近似。
　　第二十四条 申请专利的发明创造在申请日以前六个月内，有下列情形之一的，不丧失新颖性：
　　一、在中国政府主办或者承认的国际展览会上首次展出
　　二、在规定的学术会议或者技术会议上首次发表的；
　　三、他人未经申请人同意而泄露其内容的。
　　第二十五条 对下列各项，不授予专利权：
　　一、科学发现；
　　二、智力活动的规则和方法；
　　三、疾病的诊断和治疗方法；
　　四、动物和植物品种；
　　五、用原子核变换方法获得的物质。
　　对上款第四项所列产品的生产方法，可以依照本法规定授予专利权。
　　第三章 专利的申请
　　第二十六条 申请发明或者实用新型专利的，应当提交请求书、说明书及其摘要和权利要求书等文件。
　　请求书应当写明发明或者实用新型的名称，发明人或者设计人的姓名，申请人姓名或者名称、地址，以及其他事项。
　　说明书应当对发明或者实用新型作出清楚、完整的说明，以所属技术领域的技术人员能够实现为准；必要的时候，应当有附图。摘要应当简要说明发明或者实用新型的技术要点。
　　权利要求书应当以说明书为依据，说明要求专利保护的范围。
　　第二十七条 申请外观设计专利的，应当提交请求书以及该外观设计的图片或者照片等文件，并且应当写明使用该外观设计的产品及其所属的类别。
　　第二十八条 专利局收到专利申请文件之日为申请日。如果申请文件是邮寄的，以寄出的邮戳日为申请日。
　　第二十九条 申请人自发明或者实用新型在外国第一次提出专利申请之日起12个月内，或者自外观设计在外国第一次提出专利申请之日起6个月内，又在中国就相同主题提出专利申请的，依照该外国同中国签订的协议或者共同参加的国际条约，或者依照相互承认优先权的原则，可以享有优先权。
　　申请人自发明或者实用新型在中国第一次提出专利申请之日起12个月内，又向专利局就相同主题提出专利申请的，可以享有优先权。
　　第三十条 申请人要求优先权的，应当在申请的时候提出书面声明，并且在3个月内提交第一次提出的专利申请文件的副本；未提出书面声明或者逾期未提交专利申请文件副本的，视为未要求优先权。
　　第三十一条 一件发明或者实用新型专利申请应当限于一项发明或者实用新型。属于一个总的发明构思的两项以上的发明或者实用新型，可以作为一件申请提出。
　　一件外观设计专利申请应当限于一种产品所使用的一项外观设计。用于同一类别并且成套出售或者使用的产品的两项以上的外观设计，可以作为一件申请提出。
　　第三十二条 申请人可以在被授予专利权之前随时撤回其专利申请。
　　第三十三条 申请人可以对其专利申请文件进行修改，但是，对发明和实用新型专利申请文件的修改不得超出原说明书和权利要求记载的范围，对外观设计专利申请文件的修改不得超出原图片或者照片表示的范围。
　　第四章 专利申请的审查和批准
　　第三十四条 专利局收到发明申请后，经初步审查认为符合本法要求的，自申请日起满18个月，即行公布。专利局可以根据申请人的请求早日公布其申请。
　　第三十五条 发明专利申请自申请日起3年内，专利局可以根据申请人随时提出的请求，对其申请进行实质审查；申请人无正当理由逾期不请求实质审查的，该申请即被视为撤回。
　　专利局认为必要的时候，可以自行对发明专利申请进行实质审查。
　　第三十六条 发明专利的申请人请求实质审查的时候，应当提交在申请日前与其发明有关的参考资料。
　　发明专利已经在外国提出过申请的，申请人请求实质审查的时候，应当提交该国为审查其申请进行检索的资料或者审查结果的资料；无正当理由不提交的，该申请即被视为撤回。
　　第三十七条 专利局对发明专利申请进行实质审查后，认为不符合本法规定的，应当通知申请人，要求其在指定的期限内陈述意见，或者对其申请进行修改；无正当理由逾期不答复的，该申请即被视为撤回。
　　第三十八条 发明专利申请经申请人陈述意见或者进行修改后，专利局仍然认为不符合本法规定的，应当予以驳回。
　　第三十九条 发明专利申请经实质审查没有发现驳回理由的，专利局应当作出授予发明专利权的决定，发给发明专利证书，并予以登记和公告。
　　第四十条 实用新型和外观设计专利申请经初步审查没有发现驳回理由的，专利局应当作出授予实用新型专利权或者外观设计专利权的决定，发给相应的专利证书，并予以登记和公告。
　　第四十一条 自专利局公告授予专利权之日起后6个月内，任何单位或者个人认为该专利权的授予不符合本法有关规定的，都可以请求专利局撤销该专利权。
　　第四十二条 专利局对撤销专利权的请求进行审查，作出撤销或者维持专利权的决定，并通知请求人和专利权人。撤销专利权的决定，由专利局登记和公告。
　　第四十三条 专利局设立专利复审委员会。对专利局驳回申请的决定不服的，或者对专利局撤销或者维持专利权的决定不服的，可以自收到通知之日起3个月内，向专利复审委员会请求复审。专利复审委员会复审后，作出决定，并通知专利申请人、专利权人或者撤销专利权的请求人。
　　发明专利的申请人、发明专利权人或者撤销发明专利权的请求人对专利复审委员会的复审决定不服的，可以自收到通知之日起3个月内向人民法院起诉。
　　专利复审委员会对申请人、专利权人或者撤销专利权的请求人关于实用新型和外观设计的复审请求所作出的决定为终局决定。
　　第四十四条 被撤销的专利权视为自始即不存在。
　　第五章 专利权的期限、终止和无效
　　第四十五条 发明专利权的期限为20年，实用新型专利权和外观设计专利权的期限为十年，均自申请日起计算。
　　第四十六条 专利权人应当自被授予专利权的当年开始缴纳年费。
　　第四十七条 有下列情形之一的，专利权在期限届满前终止：
　　一、没有按照规定缴纳年费的；
　　二、专利权人以书面声明放弃其专利权的。
　　专利权的终止，由专利局登记和公告。
　　第四十八条 自专利局公告授予专利权之日起满6个月后，任何单位或者个人认为该专利权的授予不符合本法有关规定的，都可以请求专利复审委员会宣告该专利权无效。
　　第四十九条 专利复审委员会对宣告专利权无效的请求进行审查，作出决定，并通知请求人和专利权人。宣告专利权无效的决定，由专利局登记和公告。
　　对专利复审委员会宣告发明专利权无效或者维持发明专利权的决定不服的，可以在收到通知之日起3个月内向人民法院起诉。
　　专利复审委员会对宣告实用新型和外观设计专利权无效的请求所作出的决定为终局决定。
　　第五十条 宣告无效的专利权视为自始即不存在。
　　宣告专利权无效的决定，对在宣告专利权无效前人民法院作出并已执行的专利侵权的判决、裁定，专利管理机关作出并已执行的专利侵权处理决定，以及已经履行的专利实施
　　许可合同和专利权转让合同，不具有追溯力。但是因为专利权人的恶意给他人造成的损失，应当给予赔偿。
　　如果依照上款规定，专利权人或者专利权转让人不向被许可实施专利人或者专利权受让人返还专利使用费或者专利权转让费，明显违反公平原则，专利权人或者专利权转让人应当向被许可实施专利人或者专利权受让人返还全部或者部分专利使用或者专利权转让费。
　　本条第二款、第三款的规定适用于被撤销的专利权。
　　第六章 专利实施的强制许可
　　第五十一条 具备实施条件的单位以合理的条件请求发明或者实用新型专利权人许可实施其专利，而未能在合理长的时间内获得这种许可时，专利局根据该单位的申请，可以给予实施该发明专利或者实用新型专利的强制许可。
　　第五十二条 在国家出现紧急状态或者非常情况时，或者为了公共利益的目的，专利局可以给予实施该发明专利或者实用新型专利的强制许可。
　　第五十三条 一项取得专利权的发明或者实用新型比前已经取得专利权的发明或者实用新型在技术上先进，其实施又有赖于前一发明或者实用新型的实施的，专利局根据后一专利权人的申请，可以给予实施前一发明或者实用新型的强制许可。
　　在依照上款规定给予实施强制许可的情形下，专利局根据前一专利权人的申请，也可以给予实施后一发明或者实用新型的强制许可。
　　第五十四条 依照本法规定申请实施强制许可的单位或者个人，应当提出未能以合理条件与专利权人签订实施许可合同的证明。
　　第五十五条 专利局作出的给予实施强制许可的决定，应当予以登记和公告。
　　第五十六条 取得实施强制许可的单位或者个人不享有占的实施权，并且无权允许他人实施。
　　第五十七条 取得实施强制许可的单位或者个人应当付给专利权人合理的使用费，其数额由双方商定；双方不能达协议的，由专利局裁决。
　　第五十八条 专利权人对专利局关于实施强制许可的决定或者关于实施强制许可的使用费的裁决不服的，可以在收到通知之日起3个月内向人民法院起诉。
　　第七章 专利权的保护
　　第五十九条 发明或者实用新型专利权的保护范围以其权利要求的内容为准，说明书及附图可以用于解释权利要求。
　　外观设计专利权的保护范围以表示在图片或者照片中的该外观设计专利产品为准。
　　第六十条 对未经专利权人许可，实施其专利的侵权行为，专利权人或者利害关系人可以请求专利管理机关进行处理，也可以直接向人民法院起诉。专利管理机关处理的时候，有权责令侵权人停止侵权行为，并赔偿损失；当事人不服的，可以在收到通知之日起3个月内向人民法院起诉；期满不起诉又不履行的，专利管理机关可以请求人民法院强制执行。
　　在发生侵权纠纷的时候，如果发明专利是一项新产品的制造方法，制造同样产品的单位或者个人应当提供其产品制造方法的证明。
　　第六十一条 侵犯专利权的诉讼时效为2年，自专利权人或者利害关系人得知或者应当得知侵权行为之日起计算。
　　第六十二条 有下列情形之一的，不视为侵犯专利权：
　　一、专利权人制造或者经专利权人许可制造的专利产品售出后，使用或者销售该产品的；
　　二、使用或者销售不知道是未经专利权人许可而制造并售出的专利产品的；
　　三、在专利申请日前已经制造相同产品、使用相同方法或者已经作好制造、使用的必要准备，并且仅在原有范围内继续制造、使用的；
　　四、临时通过中国领土、领水、领空的外国运输工具，依照其所属国同中国签订的协议或者共同参加的国际条约，或者依照互惠原则，为运输工具自身需要而在其装置和设备中使用有关专利的；
　　五、专为科学研究和实验而使用有关专利的。
　　第六十三条 假冒他人专利的，依照本法第六十条的规定处理；情节严重的，对直接责任人员比照刑法第一百二十七条的规定追究刑事责任。
　　将非专利产品冒充专利产品的或者将非专利方法冒充专利方法的，由专利管理机关责令停止冒充行为，公开更正，并处以罚款。
　　第六十四条 违反本法第二十条规定，擅自向外国申请专利，泄露国家重要机密的，由所在单位或者上级主管机关给予行政处分；情节严重的，依法追究刑事责任。
　　第六十五条 侵夺发明人或者设计人的非职务发明创造专利申请权和本法规定的其他权益的，由所在单位或者上级主管机关给予行政处分。
　　第六十六条 专利局工作人员及有关国家工作人员徇私舞弊的，由专利局或者有关主管机关给予行政处分；情节严重的，比照刑法第一百八十八条的规定追究刑事责任。
　　第八章 附 则
　　第六十七条 向专利局申请专利和办理其他手续，应当按照规定缴纳费用。
　　第六十八条 本法实施细则由专利局制订，报国务院批准后施行。
　　第六十九条 本法自1985年4月1日起施行。
Patent Law of the People’s Republic of China
　　(Adopted at the 4th Session of the Standing Committee of the Sixth National People’s Congress on March 12, 1984; Amended for the first time by the Decision Regarding the Revision of the Patent Law of the People’s Republic of China, adopted at the 27th Session of the Standing Committee of the Seventh National People’s Congress on September 4,1992; Amended for the second time by the Decision Regarding the Revision of the Patent Law of the People’s Republic of China, adopted at the 17th Session of the Standing Committee of the Ninth National People’s Congress on August 25,2000)
　　CHAPTER I: GENERAL PROVISIONS
　　Article 1. This Law is enacted to protect patent rights for inventions-creations, to encourage inventions-creations, to foster the spreading and application of Inventions-creations, and to promote the development of science and technology, for meeting the needs of the construction of socialist modernization.
　　Article 2. In this Law, “inventions-creations” mean inventions, utility models and designs.
　　Article 3. The Patent Administrative Organ under the State Council is responsible for the patent work nationwide, receives and examines patent applications and grants patent rights for inventions-creations that conform with the provisions of this Law.
　　The authorities for patent work under he people’s governments of provinces autonomous regions and municipalities directly under the Central Government are responsible for the patent administration work of their own administrative areas.
　　Article 4. Where an invention-creation for which a patent is applied relates to the security or other vital interests of the State and is required to be kept secret, the application shall be treated in accordance with the relevant prescriptions of the State.
　　Article 5. No patent right shall be granted for any invention-creation that is contrary to the laws of the State or social morality or that is detrimental to public interest.
　　Article 6. An invention-creation, made by a person in execution of the tasks of the entity to which he belongs, or made by him by mainly using the material and technical means of the entity is a service invention. For a service invention-creation, the right to apply for a patent belongs to the entity. After the application is approved, the entity shall be the patentee.
　　For a non-service invention-creation, the right to apply for a patent belongs to the inventor or creator. After the application is approved, the inventor or creator shall be the patentee. For an invention-creation, made by a person by using the material and technical means of the entity to which he belongs, and where the entity and the inventor or creator has entered into an agreement under which there is provision on who has right to apply for a patent and to whom the patent right belongs, the provisions of the agreement shall prevail.
　　Article 7. No entity or individual shall prevent the inventor or creator from filing an application for a patent for a non-service invention-creation.
　　Article 8. For an invention-creation jointly made by two or more entities or individuals, or made by an entity or individual in execution of a commission for another entity or individual, the right to apply for a patent belongs, unless otherwise agreed upon, to the entity or individual which made, or to the entities or individual which jointly made, the invention-creation. After the application is approved, the entity or individual that applied for it shall be the patentee.
　　Article 9. Where two or more applicants file applications for patent for the identical invention- creation, the patent right shall be granted to the applicant whose application was filed first.
　　Article 10. The right to apply for a patent and the patent right may be assigned.
　　Any assignment, by a Chinese entity or individual, of the right to apply for a patent, or of the patent right, to a foreigner must be approved by the competent department concerned of the State Council.
　　Where the right to apply for a patent or the patent right is assigned, the parties must conclude a written contract and should register it with the patent administrative organ under the State Council. The patent administrative organ shall announce the registration .The assignment will come into force upon the date of registration.
　　Article 11. After the grant of the patent right for an invention or utility model, except as otherwise provided for in the law, no entity or individual may, without the authorization of the patentee, exploit the patent, that is, make, use, offer to sell, sell or import the patented product; or use the patented process or use, offer to sell, sell or import the product directly obtained by the patented process, for production or business purposes.
　　After the grant of the patent right for a design, no entity or individual may, without the authorization of the patentee, exploit the design, that is, make, sell or import the product incorporating its or his patented design, for production or business purposes.
　　Article 12. Any entity or individual exploiting the patent of another must, except as provided for in Article 14 of this Law, conclude with the patentee a written license contract for exploitation and pay the patentee a fee for the exploitation of the patent. The licensee has no right to authorize any entity or individual, other than that referred to in the contract for exploitation, to exploit the patent.
　　Article 13. After the publication of the application for a patent for invention, the applicant may require the entity or individual exploiting the invention to pay an appropriate fee.
　　Article 14.For any patent for invention belonging to state-owned enterprises or entities, which is of great significance to national or public interests, the competent departments concerned of the State Council as well as the people’s governments of provinces, autonomous regions or municipalities directly under the Central Government have the power to decide, after approved by the State Council, the said patented invention be spread and exploited within the prescribed scope and to allow designated entities to exploit it . The entities that exploit it shall, according to the prescriptions of the State , pay exploitation fees to the patentee.
　　Any patent for invention belonging to a Chinese entity under collective ownership or an individual, which is of great significance to national or public interests and is in need of spreading and exploitation, may be treated alike by making reference to the provisions of the preceding paragraph.
　　Article 15. The patentee has the right to affix a patent marking and to indicate the number of the patent on the patented product or on the packing of that product.
　　Article 16. The entity that is granted the patent right shall award to the inventor or creator of a service invention-creation a reward and, upon the exploitation of the patented invention-creation, shall award to the inventor or creator an appropriate remuneration based on the extent of exploitation and application and the economic benefits yielded.
　　Article 17.The inventor or creator has the right to be named as such in the patent document.
　　Article 18. Where any foreigner, foreign enterprise or other foreign organization having no habitual residence or business office in China files an application for a patent in China, the application shall be treated under this Law in accordance with any agreement concluded between the country to which the applicant belongs and China, or in accordance with any international treaty to which both countries are party, or on the basis of the principle of reciprocity.
　　Article 19. Where any foreigner, foreign enterprise or other foreign organization having no habitual residence or business office in China applies for a patent, or has other patent matters to attend to, in China, he or it shall appoint a patent agency designated by the patent administrative organ under the State Council to act as his or its agent.
　　Where any Chinese entity or individual applies for a patent or has other patent matters to attend to in the country, it or he may appoint a patent agency to act as its or his agent.
　　The patent agencies should abide by the laws and administrative regulations and should deal with patent applications and other patent matters according to the commissions of the clients. Except for those applications that have been published or announced, the agencies should bear the responsibility for keeping confidential the content of its clients’ inventions-creations. The administrative regulations for administering the patent agencies shall be formulated by the State Council.
　　Article 20. Where any Chinese entity or individual intends to file an application in a foreign country for a patent for its or his domestic invention-creation, it or he shall file first an application for patent with the patent administrative organ under the State Council and, shall appoint a patent agency designated by the said organ to act as its or his agent, and shall abide by the prescriptions of Article 4 in this law.
　　Any Chinese entity of individual may, according to the international treaties concerned to which China is a party, file an international application for patent for its or his invention-creation. The applicant for the international application should abide by the provisions of the preceding paragraph .
　　The patent administrative organ under the State Council shall handle the international application for patent in line with the international treaty to which China is a party, this law and the administrative regulations concerned made by the State Council.
　　Article 21. The patent administrative organ under the State Council and the patent reexamination board subordinated to it shall handle patent applications and requests concerned according to law and in the spirit of objectiveness, justice, precision and punctuality.
　　Until the publication or announcement of the application for a patent, staff members of the patent administrative organ and other personnel involved have the duty to keep its content confidential.
　　CHAPTER II: REQUIREMENTS FOR GRANT OF PATENT RIGHT
　　Article 22. Any invention or utility model for which patent right may be granted must possess novelty, inventiveness and practical applicability.
　　Novelty means that, before the date of filing, no identical invention or utility model has been publicly disclosed in publications in the country or abroad or has been publicly used or made known to the public by any other means in the country, nor has any other person filed previously with the patent administrative organ under the State Council an application which described the identical invention or utility model and was published after the said date of filing.
　　Inventiveness means that, as compared with the technology existing before the date of filing the invention has prominent substantive features and represents a notable progress and that the utility model has substantive features and represents progress.
　　Practical applicability means that the invention or utility model can be made or used and can produce effective results.
　　Article 23. Any design for which patent right may be granted must not be identical with or similar to any design which, before the date of filing, has been publicly disclosed in publications in the country or abroad or has been publicly used in the country, and must not collide with any legal prior rights obtained by any other person.
　　Article 24. An invention-creation for which a patent is applied for does not lose its novelty where, within six months before the date of filing, one of the following events occurred:
　　(1) where it was first exhibited at an international exhibition sponsored or recognized by the Chinese Government;
　　(2) where it was first made public at a prescribed academic or technological meeting;
　　(3) where it was disclosed by any person without the consent of the applicant.
　　Article 25. For any of the following, no patent right shall be granted:
　　(1) scientific discoveries;
　　(2) rules and methods for mental activities;
　　(3) methods for the diagnosis or for the treatment of diseases;
　　(4) animal and plant varieties;
　　(5) substances obtained by means of nuclear transformation.
　　For processes used in producing products referred to in items (4) of the preceding paragraph, patent right may be granted in accordance with the Provisions of this Law.
　　CHAPTER III APPLICATION FOR PATENT
　　Article 26. Where an application for a patent for invention or utility model is filed, a request, a description and its abstract, and claims shall be submitted.
　　The request shall state the title of the invention or utility model, the name of the inventor or creator, the name and the address of the applicant and other related matters.
　　The description shall set forth the invention or utility model in a manner sufficiently clear and complete so as to enable a person skilled in the relevant field of technology to carry it out; where necessary, drawings are required. The abstract shall state briefly the main technical points of the invention or utility model.
　　The claims shall be supported by the description and shall state the extent of the patent protection asked for.
　　Article 27. Where an application for a patent for design is filed, a request, drawings or photographs of the design shall be submitted, and the product incorporating the design and the class to which that product belongs shall be indicated.
　　Article 28. The date on which the patent administrative organ under the State Council receives the application shall be the date of filing. If the application is sent by mail, the date of mailing indicated by the postmark shall be the date of filing.
　　Article 29. Where, within twelve months from the date on which any applicant first filed in a foreign country an application for a patent for invention or utility model, or within six months from the date on which any applicant first filed in a foreign country an application for a patent for design, he or it files in China an application for a patent for the same subject matter, he or it may, in accordance with any agreement concluded between the said foreign country and China, or in accordance with any international treaty to which both countries are party, or on the basis of the principle of mutual recognition of the right of priority, enjoy a right of priority.
　　Where, within twelve months from the date on which any applicant first filed in China an application for a patent for invention or utility model, he or it files with the patent administrative organ under the State Council an application for a patent for the same subject matter, he or it may enjoy a right of priority.
　　Article 30. Any applicant who claims the right of priority shall make a written declaration when the application is filed, and submit, within three months, a copy of the patent application document which was first filed; if the applicant fails to make the written declaration or to meet the time limit for submitting the patent application document, the claim to the right of priority shall be deemed not to have been made.
　　Article 31. An application for a patent for invention or utility model shall be limited to one invention or utility model. Two or more inventions or utility models belonging to a single general inventive concept may be filed as one application.
　　An application for a patent for design shall be limited to one design incorporated in one product. Two or more designs which are incorporated in products belonging to the same class and are sold or used in sets may be filed as one application.
　　Article 32. An applicant may withdraw his or its application for a patent at any time before the patent right is granted.
　　Article 33. An applicant may amend his or its application for a patent, but the amendment to the application for a patent for invention or utility model may not go beyond the scope of the disclosure contained in the initial description and claims, and the amendment to the application for a patent for design may not go beyond the scope of the disclosure as shown in the initial drawings or photographs.
　　CHAPTER IV: EXAMINATION AND APPROVAL OF APPLICATION FOR PATENT
　　Article 34. Where, after receiving an application for a patent for invention, the patent administrative organ under the State Council, upon preliminary examination, finds the application to be in conformity with the requirements of this Law, it shall publish the application promptly after the expiration of eighteen months from the date of filing. Upon the request of the applicant, the patent administrative organ under the State Council publishes the application earlier.
　　Article 35. Upon the request of the applicant for a patent for invention, made at any time within three years from the date of filing, the patent administrative organ under the State Council will proceed to examine the application as to its substance. If, without any justified reason, the applicant fails to meet the time limit for requesting examination as to substance, the application shall be deemed to have been withdrawn.
　　The patent administrative organ under the State Council may, on its own initiative, proceed to examine any application for a patent for invention as to its substance when it deems it necessary.
　　Article 36. When the applicant for a patent for invention requests examination as to substance, he or it shall furnish pre-filing date reference materials concerning the invention.
　　For an application for a patent for invention that has been already filed in a foreign country, the patent administrative organ under the State Council may ask the applicant to furnish within a prescribed time limit documents concerning any search made for the purpose of examining that application or concerning the results of any examination made in that country. If, without any justified reason, the said documents are not furnished within the prescribed time limit, the application shall be deemed to have been withdrawn.
　　Article 37. Where the patent administrative organ under the State Council, after it has made the examination as to substance of the application for a patent for invention, finds that the application is not in conformity with the provisions of this Law, it shall notify the applicant and request him or it to submit, within a specified time limit, his or its observations or to amend the application. If, without any justified reason, the time limit for making response is not met, the application shall be deemed to have been withdrawn.
　　Article 38. Where, after the applicant has made the observations or amendments, the patent administrative organ under the State Council finds that the application for a patent for invention is still not in conformity with the provisions of this Law, the application shall be rejected.
　　Article 39 Where it is found after examination as to substance that there is no cause for rejection of the application for a patent for invention, the patent administrative organ under the State Council shall make a decision to grant the patent right for invention, issue the certificate of patent for invention, and register and announce it. The patent right for invention shall come into force upon the date of the announcement.
　　Article 40. Where it is found after preliminary examination that there is no cause for rejection of the application for a patent for utility model or design, the patent administrative organ under the State Council shall make a decision to grant the patent right for utility model or the patent right for design, issue the relevant patent certificate, and register and announce it. The patent right for utility model or design shall come into effect upon the date of the announcement.
　　Article 41. The patent administrative organ under the State Council shall set up a Patent Reexamination Board. Where an applicant is not satisfied with the decision of the patent administrative organ under the State Council rejecting his application for patent, such applicant may, within three months from the date of receipt of the notification, request the Patent Reexamination Board to make a reexamination. The Patent Reexamination Board shall, after reexamination, make a decision and notify the applicant for patent.
　　Where the applicant for patent who made the request for reexamination is not satisfied with the decision of the Patent Reexamination Board, he or it may, within three months from the date of receipt of the notification, institute legal proceedings in the people’s court.
　　CHAPTER V
　　DURATION, CESSATION AND INVALIDATION OF PATENT RIGHT
　　Article 42. The duration of patent right for inventions shall be twenty years, the duration of patent right for utility models and patent right for designs shall be ten years, counted from the date of filing.
　　Article 43. The patentee shall pay an annual fee beginning with the year in which the patent right was granted.
　　Article 44. In any of the following cases, the patent right shall cease before the expiration of its duration:
　　(1) where an annual fee is not paid as prescribed;
　　(2) where the patentee abandons his or its patent right by a written declaration.
　　Any cessation of the patent right shall be registered and announced by the patent administrative organ under the State Council.
　　Article 45. Where, starting from the date of the announcement of the grant of the patent right by the patent administrative organ under the State Council, any entity or individual considers that the grant of the said patent right is not in conformity with the relevant provisions of this Law, it or he may request the Patent Reexamination Board to declare the patent right invalid.
　　Article 46. The Patent Reexamination Board shall examine the request for invalidation of the patent right, make a decision and notify the person who made the request and the patentee. The decision declaring the patent right invalid shall be registered and announced by the patent administrative organ under the State Council.
　　Where any party is not satisfied with the decision of the Patent Reexamination Board declaring the patent right invalid or upholding the patent right, such party may, within three months from receipt of the notification of the decision, institute legal proceedings in the people’s court.
　　The people’s court shall notify the opponent party of the party which has requested for the invalidation procedure to be represented the proceedings as the third party.
　　Article 47. Any patent right which has been declared invalid shall be deemed to be non-existent from the beginning.
　　The decision of invalidation shall have no retroactive effect on any judgement or order on patent infringement which has been pronounced and enforced by the people’s court, on any decision concerning the handling of patent infringement which has been implemented or enforced, and on any contract of patent license and of assignment of patent right which have been performed, prior to the decision of invalidation; however, the damages caused to other persons in bad faith on the part of the patentee shall be compensated.
　　If, pursuant to the provisions of the preceding paragraph, no repayment, by the patentee or the assignor of the patent right to the licensee or the assignee of the patent right, of the fee for the exploitation of the patent or the price for the assignment of the patent right is obviously contrary to the principle of equity, the patentee or the assignor of the patent right shall repay the whole or part of the fee for the exploitation of the patent or the price for the assignment of the patent right to the licensee or the assignee of the patent right.
　　COMPULSORY LICENSE FOR EXPLOITATION OF THE PATENT
　　Article 48. Where any entity which is qualified to exploit the invention or utility model has made requests for authorization from the patentee of an invention or utility model to exploit its or his patent on reasonable terms and such efforts have not been successful within a reasonable period of time, the patent administrative organ under the State Council may, upon the application of that entity, grant a compulsory license to exploit the patent for invention or utility model.
　　Article 49. Where a national emergency or any extraordinary state of affairs occurs, or where the public interest so requires, the patent administrative organ under the State Council may grant a compulsory license to exploit the patent for invention or utility model.
　　Article 50. Where the invention or utility model for which the patent right was granted is of important technical advance of considerable economic significance compared with another invention or utility model for which a patent right has been granted earlier and the exploitation of the later invention or utility model depends on the exploitation of the earlier invention or utility model, the patent administrative organ under the State Council may, upon the request of the later patentee, grant a compulsory license to exploit the earlier invention or utility model.
　　Where, according to the preceding paragraph, a compulsory license is granted, the patent administrative organ under the State Council may, upon the request of the earlier patentee, also grant a compulsory license to exploit the later invention or utility model.
　　Article 51. The entity or individual requesting, in accordance with the provisions of this Law, a compulsory license for exploitation shall furnish proof that it or he has not been able to conclude with the patentee a license contract for exploitation on reasonable terms.
　　Article 52. The decision made by the patent administrative organ under the State Council granting a compulsory license for exploitation shall be notified to the patent concerned as soon as reasonably practicable and shall be registered and announced.
　　The decision of the patent administrative organ under the State Council granting a compulsory license for exploitation shall limit the scope and duration of the exploitation on the basis of the reasons justifying the grant. If and when the circumstances which led to such compulsory license cease to exist and are unlikely to recur, the patent administrative organ under the State Council may, upon the request of the patentee, terminate the compulsory license after examination.
　　Article 53. Any entity or individual that is granted a compulsory license for exploitation shall not have an exclusive right to exploit and shall not have the right to authorize exploitation by any others.
　　Article 54. The entity or individual that is granted a compulsory license for exploitation shall pay to the patentee a reasonable exploitation fee, the amount of which shall be fixed by both parties in consultations. Where the parties fail to reach an agreement, the patent administrative organ under the State Council shall adjudicate.
　　Article 55. Where the patentee is not satisfied with the decision of the patent administrative organ under the State Council granting a compulsory license for exploitation, or where the patentee or the entity or individual that is granted the compulsory license is not satisfied with the adjudication made by the patent administrative organ under the State Council regarding the exploitation fee payable for exploitation, he or it may, within three months from the receipt of the notification, institute legal proceedings in the people’s court.
　　CHAPTER VII
　　PROTECTION OF PATENT RIGHT
　　Article 56. The extent of protection of the patent right for invention or utility model shall be determined by the terms of the claims’. The description and the appended drawings may be used to interpret the claims.
　　The extent of protection of the patent right for design shall be determined by the product incorporating the patented design as shown in the drawings or photographs.
　　Article 57. Where anyone exploits a patent without the authorization of the patentee, he or it constitutes an infringement to the patent right of the patentee. For the disputes resulted from the infringement, the parties concerned may settle it by themselves through consultation. Where the parties are not willing to settle the disputes through consultation or where the consultation fails to reach an agreement, the patentee or any interested party may institute legal proceedings in the people’s court or to request the authorities for patent work to handle the matter. Where the authorities for patent work considers the infringement well found, it has the power to order the infringer to stop infringement acts immediately. In case the party concerned is not satisfied with the decision, he or it may, within 15 days from the receipt of the notification of the order, institutes legal proceedings in the people’s court, according to the Administrative Procedure Law of the People’s Republic of China. If such proceedings are not instituted within the time limit and if the order is not compiled with, the authority for patent work may approach the people’s court for compulsory execution. The authorities for patent work may, upon the request of the parties concerned, mediate on the damages concerned. If mediation does not work, the parties concerned may lodge a lawsuit with the people’s court according to the Civil Procedure Law of the People’s Republic of China.
　　When any infringement dispute relates to a process patent for the manufacture of a new product, any entity or individual manufacturing the identical product shall furnish proof to the effect that a different process is used in the manufacture of its or his product . Where the infringement relates to a patent for utility model, the people’s court or the authority for patent work may request the applicant to furnish search reports made by the patent administrative organ under the State Council .
　　Article 58. Where any person passes off the patent of another person, except for bearing civil liabilities according to law, he shall be ordered to amend his acts by the authorities for patent work and the order shall be announced. The illegal income of the said person shall be confiscated. He may be coupled with a fine of no more than 3 times of his illegal income and, where there is no illegal income, he may be imposed a fine of no more than 50,000 RMB. Where the infringement constitutes a crime, he shall be prosecuted for his criminal liability.
　　Article 59. Where any person passes any non-patented product off as patented product or passes any non-patented process off as patented process, he shall be ordered by the authority for patent work to amend his acts and the order shall be announced. The said person may be imposed a fine of no more than 50,000 RMB.
　　Article 60. The amount of damages for infringing a patent right shall be calculated according to the losses suffered by the patentee or the profits gained by the infringer out of the infringement. If it is too difficult to determine the damages based on such losses of the patentee or the profits of the infringer, the appropriate times of the royalties for licenses for the said patent may be applied mutatis mutandis.
　　Article 61. Where a patentee or any interested party who can provide any reasonable evidence that his right is being infringed or that such infringement is imminent, and any delay to stop the acts is likely to cause irreparable harm to his or its legitimate rights, he or it may, before instituting legal proceedings, request the people’s court to order the suspension of related acts and to provide property preservation.
　　The people’s court, when dealing with requests referred to in the preceding paragraph, the provisions of Articles 93 to 96 and Article 99 of the Civil Procedure Law of the People’s Republic of China shall apply.
　　Article 62. Prescription for instituting legal proceedings concerning the infringement of patent right is two years counted from the date on which the patentee or any interested party obtains or should have obtained knowledge of the infringing act.
　　Where the license fee is not paid for the use of a patent for invention during the period when the said application is published and up to its being granted the patent right, the prescription for instituting legal proceedings by the patentee for requesting royalties is two years counted from the date on which the patentee obtains or should have obtained knowledge of the use of his patented invention by the user. However, where the patentee has already obtained or should have obtained the knowledge of the use of his invention before the date of granting the patent right, the prescription shall be counted from the date on which the patent right is granted.
　　Article 63. None of the following shall be deemed an infringement of the patent right:
　　(1)Where, after the sale of a patented product that was made or imported by the patentee or with the authorization of the patentee, or that was directly obtained by using the patented process, any other person uses, offers to sell or sells that product;
　　(2)Where, before the date of filing of the application for patent, any person who has already made the identical product, used the identical process, or made necessary preparations for its making or using, continues to make or use it within the original scope only;
　　(3)Where any foreign means of transport which temporarily passes through the territorial lands, territorial waters or territorial airspace of China uses the patent concerned, in accordance with any agreement concluded between the country to which the foreign means of transport belongs and China, or in accordance with any international treaty to which both countries are party, or on the basis of the principle of reciprocity, for its own needs, in its devices and installations;
　　(4)Where any person uses the patent concerned solely for the purposes of scientific research and experimentation.
　　Any person who, for production and business purposes, uses or sells a patented product without knowing that it was made and sold without the authorization of the patentee, shall not be responsible for the damages caused so long as he proves that he obtains the product from legitimate channels of distribution.
　　Article 64. Where any person, in violation of the provisions of Article 20 of this Law, unauthorizedly files in a foreign country an application for a patent that divulges an important secret of the State, he shall be subject to disciplinary sanction by the entity to which he belongs or by the competent authority concerned at the higher level. If the circumstances are serious, he shall be prosecuted for his criminal liability according to the law.
　　Article 65. Where any person usurps the right of an inventor or creator to apply for a patent for a non-service invention-creation, or usurps any other right or interest of an inventor or creator, prescribed by this Law, he shall be subject to disciplinary sanction by the entity to which he belongs or by the competent authority at the higher level.
　　Article 66. The authorities for patent work should not participate in any such commercial activities as to recommend patented products to the public.
　　Where any authorities for patent work violates the provisions of the preceding paragraph, it shall be ordered to amend its ways and to eliminate its bad influence by its competent authority at the higher level or by the supervisory authority, and its illegal income shall be confiscated .Where the circumstances are serious, any person directly responsible or any other person who are directly involved shall be subject to disciplinary sanction according to law.
　　Article 67. Where any staff member of the government organs for patent administration or of other related government organs constitutes a crime by ignoring his duty, abusing his official power, acting wrongfully out of personal considerations or committing fraudulent acts, he shall be subject to criminal sanction. If a crime is not constituted, he shall be subject to disciplinary sanction according to law.
　　CHAPTER VIII
　　SUPPLEMENTARY PROVISIONS
　　Article 68. Any application for a patent filed with, and any other proceedings before, the patent administrative organ under the State Council shall be subject to the payment of a fee as prescribed.
　　Article 69. This Law shall enter into force on April 1, 1985.
　　(This translation is only for reference. In case of discrepancy, the original version in Chinese shall prevail.)

　　1982年8 月23日第五届全国人民代表大会常务委员会第二十四次会议通过
　　1993年2 月22日第七届全国人民代表大会常务委员会第三十次会议《关于修改〈中华人民共和国商标法〉的决定》第一次修正
　　2001年10月27日第九届全国人民代表大会常务委员会第二十四次会议《关于修改〈中华人民共和国商标法〉的决定》第二次修正
　　第一章 总则
　　第一条 为了加强商标管理，保护商标专用权，促使生产、经营者保证商品和服务质量，维护商标信誉，以保障消费者和生产、经营者的利益，促进社会主义市场经济的发展，特制定本法。
　　第二条 国务院工商行政管理部门商标局主管全国商标注册和管理的工作。国务院工商行政管理部门设立商标评审委员会，负责处理商标争议事宜。
　　第三条 经商标局核准注册的商标为注册商标，包括商品商标、服务商标和集体商标、证明商标；商标注册人享有商标专用权，受法律保护。
　　本法所称集体商标，是指以团体、协会或者其他组织名义注册，供该组织成员在商事活动中使用，以表明使用者在该组织中的成员资格的标志。
　　本法所称证明商标，是指由对某种商品或者服务具有监督能力的组织所控制，而由该组织以外的单位或者个人使用于其商品或者服务，用以证明该商品或者服务的原产地、原料、制造方法、质量或者其他特定品质的标志。
　　集体商标、证明商标注册和管理的特殊事项，由国务院工商行政管理部门规定。
　　第四条 自然人、法人或者其他组织对其生产、制造、加工、拣选或者经销的商品，需要取得商标专用权的，应当向商标局申请商品商标注册。
　　自然人、法人或者其他组织对其提供的服务项目，需要取得商标专用权的，应当向商标局申请服务商标注册。
　　本法有关商品商标的规定，适用于服务商标。
　　第五条 两个以上的自然人、法人或者其他组织可以共同向商标局申请注册同一商标，共同享有和行使该商标专用权。
　　第六条 国家规定必须使用注册商标的商品，必须申请商标注册，未经核准注册的，不得在市场销售。
　　第七条 商标使用人应当对其使用商标的商品质量负责。各级工商行政管理部门应当通过商标管理，制止欺骗消费者的行为。
　　第八条 任何能够将自然人、法人或者其他组织的商品与他人的商品区别开的可视性标志，包括文字、图形、字母、数字、三维标志和颜色组合，以及上述要素的组合，均可以作为商标申请注册。
　　第九条 申请注册的商标，应当有显著特征，便于识别，并不得与他人在先取得的合法权利相冲突。
　　商标注册人有权标明“注册商标”或者注册标记。
　　第十条 下列标志不得作为商标使用：
　　（一）同中华人民共和国的国家名称、国旗、国徽、军旗、勋章相同或者近似的，以及同中央国家机关所在地特定地点的名称或者标志性建筑物的名称、图形相同的；
　　（二）同外国的国家名称、国旗、国徽、军旗相同或者近似的，但该国政府同意的除外；
　　（三）同政府间国际组织的名称、旗帜、徽记相同或者近似的，但经该组织同意或者不易误导公众的除外；
　　（四）与表明实施控制、予以保证的官方标志、检验印记相同或者近似的，但经授权的除外；
　　（五）同“红十字”、“红新月”的名称、标志相同或者近似的；
　　（六）带有民族歧视性的；
　　（七）夸大宣传并带有欺骗性的；
　　（八）有害于社会主义道德风尚或者有其他不良影响的。
　　县级以上行政区划的地名或者公众知晓的外国地名，不得作为商标。但是，地名具有其他含义或者作为集体商标、证明商标组成部分的除外；已经注册的使用地名的商标继续有效。
　　第十一条 下列标志不得作为商标注册：
　　（一）仅有本商品的通用名称、图形、型号的；
　　（二）仅仅直接表示商品的质量、主要原料、功能、用途、重量、数量及其他特点的；
　　（三）缺乏显著特征的。
　　前款所列标志经过使用取得显著特征，并便于识别的，可以作为商标注册。
　　第十二条 以三维标志申请注册商标的，仅由商品自身的性质产生的形状、为获得技术效果而需有的商品形状或者使商品具有实质性价值的形状，不得注册。
　　第十三条 就相同或者类似商品申请注册的商标是复制、摹仿或者翻译他人未在中国注册的驰名商标，容易导致混淆的，不予注册并禁止使用。
　　就不相同或者不相类似商品申请注册的商标是复制、摹仿或者翻译他人已经在中国注册的驰名商标，误导公众，致使该驰名商标注册人的利益可能受到损害的，不予注册并禁止使用。
　　第十四条 认定驰名商标应当考虑下列因素：
　　（一）相关公众对该商标的知晓程度；
　　（二）该商标使用的持续时间；
　　（三）该商标的任何宣传工作的持续时间、程度和地理范围；
　　（四）该商标作为驰名商标受保护的记录；
　　（五）该商标驰名的其他因素。
　　第十五条 未经授权，代理人或者代表人以自己的名义将被代理人或者被代表人的商标进行注册，被代理人或者被代表人提出异议的，不予注册并禁止使用。
　　第十六条 商标中有商品的地理标志，而该商品并非来源于该标志所标示的地区，误导公众的，不予注册并禁止使用；但是，已经善意取得注册的继续有效。
　　前款所称地理标志，是指标示某商品来源于某地区，该商品的特定质量、信誉或者其他特征，主要由该地区的自然因素或者人文因素所决定的标志。
　　第十七条 外国人或者外国企业在中国申请商标注册的，应当按其所属国和中华人民共和国签订的协议或者共同参加的国际条约办理，或者按对等原则办理。
　　第十八条 外国人或者外国企业在中国申请商标注册和办理其他商标事宜的，应当委托国家认可的具有商标代理资格的组织代理。
　　第二章 商标注册的申请
　　第十九条 申请商标注册的，应当按规定的商品分类表填报使用商标的商品类别和商品名称。
　　第二十条 商标注册申请人在不同类别的商品上申请注册同一商标的，应当按商品分类表提出注册申请。
　　第二十一条 注册商标需要在同一类的其他商品上使用的，应当另行提出注册申请。
　　第二十二条 注册商标需要改变其标志的，应当重新提出注册申请。
　　第二十三条 注册商标需要变更注册人的名义、地址或者其他注册事项的，应当提出变更申请。
　　第二十四条 商标注册申请人自其商标在外国第一次提出商标注册申请之日起六个月内，又在中国就相同商品以同一商标提出商标注册申请的，依照该外国同中国签订的协议或者共同参加的国际条约，或者按照相互承认优先权的原则，可以享有优先权。
　　依照前款要求优先权的，应当在提出商标注册申请的时候提出书面声明，并且在三个月内提交第一次提出的商标注册申请文件的副本；未提出书面声明或者逾期未提交商标注册申请文件副本的，视为未要求优先权。
　　第二十五条 商标在中国政府主办的或者承认的国际展览会展出的商品上首次使用的，自该商品展出之日起六个月内，该商标的注册申请人可以享有优先权。
　　依照前款要求优先权的，应当在提出商标注册申请的时候提出书面声明，并且在三个月内提交展出其商品的展览会名称、在展出商品上使用该商标的证据、展出日期等证明文件；未提出书面声明或者逾期未提交证明文件的，视为未要求优先权。
　　第二十六条 为申请商标注册所申报的事项和所提供的材料应当真实、准确、完整。
　　第三章 商标注册的审查和核准
　　第二十七条 申请注册的商标，凡符合本法有关规定的，由商标局初步审定，予以公告。
　　第二十八条 申请注册的商标，凡不符合本法有关规定或者同他人在同一种商品或者类似商品上已经注册的或者初步审定的商标相同或者近似的，由商标局驳回申请，不予公告。
　　第二十九条 两个或者两个以上的商标注册申请人，在同一种商品或者类似商品上，以相同或者近似的商标申请注册的，初步审定并公告申请在先的商标；同一天申请的，初步审定并公告使用在先的商标，驳回其他人的申请，不予公告。
　　第三十条 对初步审定的商标，自公告之日起三个月内，任何人均可以提出异议。公告期满无异议的，予以核准注册，发给商标注册证，并予公告。
　　第三十一条 申请商标注册不得损害他人现有的在先权利，也不得以不正当手段抢先注册他人已经使用并有一定影响的商标。
　　第三十二条 对驳回申请、不予公告的商标，商标局应当书面通知商标注册申请人。商标注册申请人不服的，可以自收到通知之日起十五日内向商标评审委员会申请复审，由商标评审委员会做出决定，并书面通知申请人。
　　当事人对商标评审委员会的决定不服的，可以自收到通知之日起三十日内向人民法院起诉。
　　第三十三条 对初步审定、予以公告的商标提出异议的，商标局应当听取异议人和被异议人陈述事实和理由，经调查核实后，做出裁定。当事人不服的，可以自收到通知之日起十五日内向商标评审委员会申请复审，由商标评审委员会做出裁定，并书面通知异议人和被异议人。
　　当事人对商标评审委员会的裁定不服的，可以自收到通知之日起三十日内向人民法院起诉。人民法院应当通知商标复审程序的对方当事人作为第三人参加诉讼。
　　第三十四条 当事人在法定期限内对商标局做出的裁定不申请复审或者对商标评审委员会做出的裁定不向人民法院起诉的，裁定生效。
　　经裁定异议不能成立的，予以核准注册，发给商标注册证，并予公告；经裁定异议成立的，不予核准注册。
　　经裁定异议不能成立而核准注册的，商标注册申请人取得商标专用权的时间自初审公告三个月期满之日起计算。
　　第三十五条 对商标注册申请和商标复审申请应当及时进行审查。
　　第三十六条 商标注册申请人或者注册人发现商标申请文件或者注册文件有明显错误的，可以申请更正。商标局依法在其职权范围内作出更正，并通知当事人。
　　前款所称更正错误不涉及商标申请文件或者注册文件的实质性内容。
　　第四章 注册商标的续展、转让和使用许可
　　第三十七条 注册商标的有效期为十年，自核准注册之日起计算。
　　第三十八条 注册商标有效期满，需要继续使用的，应当在期满前六个月内申请续展注册；在此期间未能提出申请的，可以给予六个月的宽展期。宽展期满仍未提出申请的，注销其注册商标。
　　每次续展注册的有效期为十年。
　　续展注册经核准后，予以公告。
　　第三十九条 转让注册商标的，转让人和受让人应当签订转让协议，并共同向商标局提出申请。受让人应当保证使用该注册商标的商品质量。
　　转让注册商标经核准后，予以公告。受让人自公告之日起享有商标专用权。
　　第四十条 商标注册人可以通过签订商标使用许可合同，许可他人使用其注册商标。许可人应当监督被许可人使用其注册商标的商品质量。被许可人应当保证使用该注册商标的商品质量。
　　经许可使用他人注册商标的，必须在使用该注册商标的商品上标明被许可人的名称和商品产地。
　　商标使用许可合同应当报商标局备案。
　　第五章 注册商标争议的裁定
　　第四十一条 已经注册的商标，违反本法第十条、第十一条、第十二条规定的，或者是以欺骗手段或者其他不正当手段取得注册的，由商标局撤销该注册商标；其他单位或者个人可以请求商标评审委员会裁定撤销该注册商标。
　　已经注册的商标，违反本法第十三条、第十五条、第十六条、第三十一条规定的，自商标注册之日起五年内，商标所有人或者利害关系人可以请求商标评审委员会裁定撤销该注册商标。对恶意注册的，驰名商标所有人不受五年的时间限制。
　　除前两款规定的情形外，对已经注册的商标有争议的，可以自该商标经核准注册之日起五年内，向商标评审委员会申请裁定。
　　商标评审委员会收到裁定申请后，应当通知有关当事人，并限期提出答辩。
　　第四十二条 对核准注册前已经提出异议并经裁定的商标，不得再以相同的事实和理由申请裁定。
　　第四十三条 商标评审委员会做出维持或者撤销注册商标的裁定后，应当书面通知有关当事人。
　　当事人对商标评审委员会的裁定不服的，可以自收到通知之日起三十日内向人民法院起诉。人民法院应当通知商标裁定程序的对方当事人作为第三人参加诉讼。
　　第六章 商标使用的管理
　　第四十四条 使用注册商标，有下列行为之一的，由商标局责令限期改正或者撤销其注册商标：
　　（一）自行改变注册商标的；
　　（二）自行改变注册商标的注册人名义、地址或者其他注册事项的；
　　（三）自行转让注册商标的；
　　（四）连续三年停止使用的。
　　第四十五条 使用注册商标，其商品粗制滥造，以次充好，欺骗消费者的，由各级工商行政管理部门分别不同情况，责令限期改正，并可以予以通报或者处以罚款，或者由商标局撤销其注册商标。
　　第四十六条 注册商标被撤销的或者期满不再续展的，自撤销或者注销之日起一年内，商标局对与该商标相同或者近似的商标注册申请，不予核准。
　　第四十七条 违反本法第六条规定的，由地方工商行政管理部门责令限期申请注册，可以并处罚款。
　　第四十八条 使用未注册商标，有下列行为之一的，由地方工商行政管理部门予以制止，限期改正，并可以予以通报或者处以罚款：
　　（一）冒充注册商标的；
　　（二）违反本法第十条规定的；
　　（三）粗制滥造，以次充好，欺骗消费者的。
　　第四十九条 对商标局撤销注册商标的决定，当事人不服的，可以自收到通知之日起十五日内向商标评审委员会申请复审，由商标评审委员会做出决定，并书面通知申请人。
　　当事人对商标评审委员会的决定不服的，可以自收到通知之日起三十日内向人民法院起诉。
　　第五十条 对工商行政管理部门根据本法第四十五条、第四十七条、第四十八条的规定做出的罚款决定，当事人不服的，可以自收到通知之日起十五日内，向人民法院起诉；期满不起诉又不履行的，由有关工商行政管理部门申请人民法院强制执行。
　　第七章 注册商标专用权的保护
　　第五十一条 注册商标的专用权，以核准注册的商标和核定使用的商品为限。
　　第五十二条 有下列行为之一的，均属侵犯注册商标专用权：
　　（一）未经商标注册人的许可，在同一种商品或者类似商品上使用与其注册商标相同或者近似的商标的；（二）销售侵犯注册商标专用权的商品的；
　　（三）伪造、擅自制造他人注册商标标识或者销售伪造、擅自制造的注册商标标识的；
　　（四）未经商标注册人同意，更换其注册商标并将该更换商标的商品又投入市场的；
　　（五）给他人的注册商标专用权造成其他损害的。
　　第五十三条 有本法第五十二条所列侵犯注册商标专用权行为之一，引起纠纷的，由当事人协商解决；不愿协商或者协商不成的，商标注册人或者利害关系人可以向人民法院起诉，也可以请求工商行政管理部门处理。工商行政管理部门处理时，认定侵权行为成立的，责令立即停止侵权行为，没收、销毁侵权商品和专门用于制造侵权商品、伪造注册商标标识的工具，并可处以罚款。当事人对处理决定不服的，可以自收到处理通知之日起十五日内依照《中华人民共和国行政诉讼法》向人民法院起诉；侵权人期满不起诉又不履行的，工商行政管理部门可以申请人民法院强制执行。进行处理的工商行政管理部门根据当事人的请求，可以就侵犯商标专用权的赔偿数额进行调解；调解不成的，当事人可以依照《中华人民共和国民事诉讼法》向人民法院起诉。
　　第五十四条 对侵犯注册商标专用权的行为，工商行政管理部门有权依法查处；涉嫌犯罪的，应当及时移送司法机关依法处理。
　　第五十五条 县级以上工商行政管理部门根据已经取得的违法嫌疑证据或者举报，对涉嫌侵犯他人注册商标专用权的行为进行查处时，可以行使下列职权：
　　（一）询问有关当事人，调查与侵犯他人注册商标专用权有关的情况；
　　（二）查阅、复制当事人与侵权活动有关的合同、发票、帐簿以及其他有关资料；
　　（三）对当事人涉嫌从事侵犯他人注册商标专用权活动的场所实施现场检查；
　　（四）检查与侵权活动有关的物品；对有证据证明是侵犯他人注册商标专用权的物品，可以查封或者扣押。
　　工商行政管理部门依法行使前款规定的职权时，当事人应当予以协助、配合，不得拒绝、阻挠。
　　第五十六条 侵犯商标专用权的赔偿数额，为侵权人在侵权期间因侵权所获得的利益，或者被侵权人在被侵权期间因被侵权所受到的损失，包括被侵权人为制止侵权行为所支付的合理开支。
　　前款所称侵权人因侵权所得利益，或者被侵权人因被侵权所受损失难以确定的，由人民法院根据侵权行为的情节判决给予五十万元以下的赔偿。
　　销售不知道是侵犯注册商标专用权的商品，能证明该商品是自己合法取得的并说明提供者的，不承担赔偿责任。
　　第五十七条 商标注册人或者利害关系人有证据证明他人正在实施或者即将实施侵犯其注册商标专用权的行为，如不及时制止，将会使其合法权益受到难以弥补的损害的，可以在起诉前向人民法院申请采取责令停止有关行为和财产保全的措施。
　　人民法院处理前款申请，适用《中华人民共和国民事诉讼法》第九十三条至第九十六条和第九十九条的规定。
　　第五十八条 为制止侵权行为，在证据可能灭失或者以后难以取得的情况下，商标注册人或者利害关系人可以在起诉前向人民法院申请保全证据。
　　人民法院接受申请后，必须在四十八小时内做出裁定；裁定采取保全措施的，应当立即开始执行。
　　人民法院可以责令申请人提供担保，申请人不提供担保的，驳回申请。
　　申请人在人民法院采取保全措施后十五日内不起诉的，人民法院应当解除保全措施。
　　第五十九条 未经商标注册人许可，在同一种商品上使用与其注册商标相同的商标，构成犯罪的，除赔偿被侵权人的损失外，依法追究刑事责任。
　　伪造、擅自制造他人注册商标标识或者销售伪造、擅自制造的注册商标标识，构成犯罪的，除赔偿被侵权人的损失外，依法追究刑事责任。
　　销售明知是假冒注册商标的商品，构成犯罪的，除赔偿被侵权人的损失外，依法追究刑事责任。
　　第六十条 从事商标注册、管理和复审工作的国家机关工作人员必须秉公执法，廉洁自律，忠于职守，文明服务。
　　商标局、商标评审委员会以及从事商标注册、管理和复审工作的国家机关工作人员不得从事商标代理业务和商品生产经营活动。
　　第六十一条 工商行政管理部门应当建立健全内部监督制度，对负责商标注册、管理和复审工作的国家机关工作人员执行法律、行政法规和遵守纪律的情况，进行监督检查。
　　第六十二条 从事商标注册、管理和复审工作的国家机关工作人员玩忽职守、滥用职权、徇私舞弊，违法办理商标注册、管理和复审事项，收受当事人财物，牟取不正当利益，构成犯罪的，依法追究刑事责任；尚不构成犯罪的，依法给予行政处分。
　　第八章 附则
　　第六十三条 申请商标注册和办理其他商标事宜的，应当缴纳费用，具体收费标准另定。
　　第六十四条 本法自１９８３年３月１日起施行。１９６３年４月１０日国务院公布的《商标管理条例》同时废止；其他有关商标管理的规定，凡与本法抵触的，同时失效。
　　本法施行前已经注册的商标继续有效。
Trademark Law of the People’s Republic of China
　　(Adopted at the 24th Session of the Standing Committee of the Fifth National People’s Congress on 23 August 1982; revised for the first time according to the Decision on the Amendment of the Trademark Law of the People’s Republic of China adopted at the 30th Session of the Standing Committee of the Seventh National People’s Congress, on 22 February 1993; and revised for the second time according to the Decision on the Amendment of the Trademark Law of the People’s Republic of China adopted at the 24th Session of the Standing Committee of the Ninth National People’s Congress on 27 October 2001)
　　Chapter I. General Provisions
　　Article 1. This Law is enacted for the purposes of improving the administration of trademarks, protecting the exclusive right to use trademarks, and of encouraging producers and operators to guarantee the quality of their goods and services and maintain the reputation of their trademarks, with a view to protecting the interests of consumers, producers and traders and to promoting the development of socialist market economy.
　　Article 2. The Trademark Office of the administrative authority for industry and commerce under the State Council shall be responsible for the registration and administration of trademarks throughout the country. The administrative authority for industry and commerce under the State Council shall establish a Trademark Review and Adjudication Board which shall be responsible for handling matters of trademark disputes.
　　Article 3. A registered trademark, include a trademark for goods, a service mark, a collective mark and a certification mark, refers to a trademarks that have been approved and registered by the Trademark Office. The trademark registrants shall enjoy the exclusive right to use the marks, which shall be protected by law. In this law, a collective mark refers to a mark which is registered in the name of a group, an association or any other organization and to be used by its members in their commercial activities to indicate their membership. In this law, a certification mark refers to a mark which is controlled by an organization capable of supervision a particular type of goods or service which is used in respect of goods or services by other organizations or individuals who do not belong to the said organization, with a view to certifying the origin, raw material, mode of manufacture of goods or performance of services, quality or other characteristics of the goods or services. Rules for the particular matters of registration and administration of collective and certification marks shall be promulgated by the administrative authority for industry and commerce under the State Council.
　　Article 4. Any natural person, legal person or other organization, intending to acquire the exclusive right to use a trademark for the goods produced, manufactured, processed, selected or marketed by him or it, shall file an application for the registration of the trademark with the Trademark Office.
　　Any natural person, legal person or other organization, intending to acquire the exclusive right to use a service mark for the service provided by him or it, shall file an application for the registration of the service mark with the Trademark Office.
　　Provisions made in this law concerning trademarks shall apply to service marks.
　　Article 5. Two or more natural persons, legal entities or other organizations may jointly file an application for the registration for the same trademark with the Trademark Office, and jointly enjoy and exercise the exclusive right to use the trademark.
　　Article 6. As for any of such goods, as prescribed by the State, that must bear a registered trademark, a trademark registration must be applied for. Where no trademark registration has been granted, such goods cannot be marketed.
　　Article 7. The user of a trademark shall be responsible for the quality of the goods in respect of which the trademark is used. The administrative authorities for industry and commerce at different levels shall, through the administration of trademarks, stop any practice that deceives consumers.
　　Article 8. Any visual sign capable of distinguishing the goods or service of one natural person, legal person or any other organization from those of others, including words, devices, letters of numerals, three-dimensional symbols, combinations of colors or any combination of the above elements may be applied for the registration of a trademark.
　　Article 9. Where a trademark is applied for registration, it shall be so distinctive as to be distinguishable and it shall not conflict with any other legal rights acquired earlier by others.
　　The registrant of a trademark has the right to use the words of “registered trademark” or other registration sign to indicate that his or its trademark is registered.
　　Article 10. The following words or devices shall not be used as trademarks:
　　(1) those identical with or similar to the State name, national flag, national emblem, military flag, or decorations, of the People’s Republic of China; and those identical with the names of particular venues where the Central State government organizations are located, or with the names or graphs of the symbolic buildings or the Central State government organizations;
　　(2) those identical with or similar to the State names, national flags, national emblems or military flags of foreign countries, except that consent has been given by the relevant country’s government;
　　(3) those identical with or similar to the names, flags or emblems or names, of international intergovernmental organizations, except that the organizations agree otherwise on the use or that it is not easy for the use to mislead the public;
　　(4) those identical with or similar to official signs and hallmarks indicating control and warranty, except that the use thereof is otherwise authorized;
　　(5) those identical with or similar to the names or symbols of the Red Cross or the Red Crescent;
　　(6) those having the nature of discrimination against any nationality;
　　(7) those having the nature of exaggeration and fraud in advertising goods or services;
　　(8) those detrimental to socialist morals or customs, or having other unhealthy influences.
　　The geographical names as the administrative divisions at or above the county level and the foreign geographical names well-known to the public shall not be used as trademarks, but such geographical names as have otherwise meanings or as an element of a collective mark or a certification mark shall be exclusive. Where a trademark using any of the above-mentioned geographical names has been approved and registered, it shall continue to be valid.
　　Article 11. The following signs shall not be registered as a trademark:
　　(1) those which consist exclusively of generic names, designs or models of the goods in respect of which the trademark is used;
　　(2) those which consist exclusively of signs or indications that have direct reference to the quality, main raw materials, function, intended purpose, weight, quantity or other characteristics of goods or services;
　　(3) those which are devoid of any distinctive character.
　　Where trademarks under the preceding paragraphs have acquired distinctiveness through use and become easily distinguishable, they may be registered as trademarks.
　　Article 12. Where a three-dimensional sign is applied for the registration of a trademark, it shall not be registered if it consists exclusively of the shape which results from the nature of the goods themselves, the shape of goods which is necessary to obtain a technical result, or the shape which gives substantial value to the goods.
　　Article 13. A trademark that is applied for registration in identical or similar goods shall not be registered and its use shall be prohibited, if it is a reproduction, an imitation or a translation, of another party’s well-known mark that is not registered in China and it is liable to create confusion.
　　A trademark that is applied for registration in non-identical or dissimilar goods shall not be registered and its use shall be prohibited, if it is a reproduction, an imitation or a translation, of a well-known mark which is registered in China, misleads the public, and the interests of the registrant of the well-known mark are likely to be damaged by such use.
　　Article 14. In determining whether a mark is well-known or not, the following factors shall be considered:
　　(1) the degree of knowledge of the relative public;
　　(2) the duration of use;
　　(3) the duration of time, degree and geographical range of any publicity of the mark;
　　(4) any record of the mark being protected as a well-known mark;
　　(5) other factors which makes the mark well-known.
　　Article 15. Where the agent or representative of a person who is the owner of a mark applies, without such owner’s authorization, for the registration of the mark in his own name, if the owner opposes the registration applied for, the application shall be refused and the use of the mark shall be prohibited.
　　Article 16. Where a trademark contains or consists of a geographic indication which respect to goods not originating in the place indicated, misleading the public as to the true place of origin, the application for registration shall be refused and the use of the mark shall be prohibited. But for those marks that have obtained registration in good faith shall continue to be valid.
　　Geographical indications mentioned in the preceding paragraph are indications that identify a particular good as origination in a region, where a given quality, reputation or other characteristic of the goods is essentially attributable to its natural or human factors.
　　Article 17. Any foreigner or foreign enterprise intending to apply for the registration of a trademark in China shall file an application in accordance with any agreement concluded between the People’s Republic of China and the country to which the applicant belongs, or according to the international treaty to which both countries are parties, or on the basis of the principles of reciprocity.
　　Article 18. Any foreigner or foreign enterprise intending to apply for the registration of a trademark or for any other matters concerning a trademark in China shall entrust any of such organizations as recognized to be qualified for trademark agency by the State to act as his or its agent.
　　Chapter II. Application for Trademark Registration
　　Article 19. An applicant for the registration of a trademark shall, in a form, indicate, in accordance with the prescribed classification of goods, the class of the goods and the designation of the goods in respect of which the trademark is to be used.
　　Article 20. Where any applicant for registration of a trademark intends to apply the same trademark for goods in different classes, an application for registration shall be filed in respect of each class of the prescribed classification of goods.
　　Article 21. Where a registered trademark is to be used in respect of other goods of the same class, a new application for registration shall be filed.
　　Article 22. Where the sign of a registered trademark is to be altered, a new registration shall be applied for.
　　Article 23. Where, after the registration of a trademark, the name, address or other registered matters concerning the registrant change, an application regarding the change shall be filed.
　　Article 24. Any applicant for the registration of a mark in China who has previously duly filed an application to register the same mark in connection with the same goods in a foreign country may enjoy the right of priority in accordance with any agreement concluded between the PRC and the foreign country concerned, or with the international treaty to which both countries are parties, or on the basis of the principle of reciprocity, provided that the application in China is filed within six months from the date on which the application was first filed in the foreign country.
　　Anyone claiming the right of priority according to the preceding paragraph shall so state in writing at the time of filing the application and shall submit, within three months, a copy of the original in writing when it or he files the application for the trademark registration, and submit, within three months, a copy of the application documents it or he first filed for the registration of the trademark; where the applicant fails to make the claim in writing or submit the copy of the application documents within the time limit, the claim shall be deemed not to have been made for the right of priority.
　　Article 25. Where an application uses a trademark for the first time on goods displayed at an international exhibition sponsored or recognized by the Chinese government, he or it may claim the right of priority, provided he or it files an application for the registration of the mark within six moths from the date of the exhibition.
　　Anyone claiming the right of priority in accordance with the provision in the preceding paragraph shall so state in writing at the time of filing the application, and shall submit, within three months, the name of the exhibition, evidence certifying the use of the mark on the goods displayed, and documents validation the date of the exhibition. An applicant who fails to claim in writing or to submit the documents required within the specified period shall be deemed as not having claimed the right of priority.
　　Article 26. Matters declared and documents provided for the purpose of the application for the registration of a trademark shall be true, accurate and complete.
　　Chapter III. Examination for and Approval of Trademark Registration
　　Article 27. Where a trademark the registration of which has been applied for is in conformity with the relevant provisions of this Law, the Trademark Office shall, after examination, preliminarily approve the trademark and publish it.
　　Article 28. Where a trademark the registration of which has been applied for is not in conformity with the relevant provisions of this Law, or it is identical with or similar to the trademark of another party that has, in respect of the same or similar goods, been registered or, after examination, preliminarily approved, the Trademark Office shall refuse the application and shall not publish the said trademark.
　　Article 29. Where two or more applicants apply for the registration of identical or similar trademarks for the same or similar goods, the preliminary approval, after examination, and the publication shall be made for the trademark which was first filed. Where applications are filed on the same day, the preliminary approval, after examination, and the publication shall be made for the trademark which was the earliest used, and the applications of the others shall be refused and their trademarks shall not be published.
　　Article 30. Any person may, within three months from the date of the publication, file an opposition against the trademark that has, after examination, been preliminarily approved. If no opposition has been filed at the expiration of the expiration of the specified period, the registration shall be approved, a certificate of trademark registration shall be issued and the trademark shall be published.
　　Article 31. No trademark application shall infringe upon another party’s existing prior rights. Nor shall an applicant register in an unfair means a mark that is already in use by another party and has certain influence.
　　Article 32. Where the application for registration of a trademark is refused and no publication of the trademark is made, the Trademark Office shall notify the applicant of the same in writing. Where the applicant is dissatisfied, he or it may, within fifteen days from receipt of the notification, apply for a review to the Trademark Review and Adjudication Board, which shall make a decision and notify the applicant of the same in writing.
　　Where any party concerned is dissatisfied with the decision of the Trademark Review and Adjudication Board, he or it may within 30 days from receipt of the corresponding notice, institute legal proceedings with the people’s court.
　　Article 33. Where an opposition is filed against the trademark that has, after examination, been preliminarily approved and published, the Trademark Office shall hear both the opponent and the opposed state facts and grounds, and shall, after investigation and verification, make a ruling. Where any party is dissatisfied, he or it may, within fifteen days from receipt of the notification, apply for a review to the Trademark Review and Adjudication Board, which shall make a ruling and notify both the opponent and the opposed in writing.
　　Where any interested party is dissatisfied with the ruling of the Trademark Review and Adjudication Board, he or it may, within 30 days from the receipt of the notice, institute legal proceedings with the people’s court. The People’s Court shall notify the other party in the trademark review proceedings to be a third party to the litigation.
　　Article 34. Where the interested party does not, within the statutory time limit, apply for the reexamination of the adjudication by the Trademark Office or does not institute legal proceedings in respect of the adjudication by the Trademark Review and Adjudication Board, the adjudication takes effect.
　　If it is decided that the opposition is not justified, the registration shall be approved, a certificate of trademark registration shall be issued and the trademark shall be published. If it is decided that the opposition is justified, no registration shall be approved.
　　Where it is decided that the opposition is not justified and the mark shall be registered, the date on which the applicant acquires the mark’s exclusive right of use shall be counted from the day three months after it’s preliminary publication.
　　Article 35. Application for trademark registration and trademark registration review shall be examined without delay.
　　Article 36. Where a trademark applicant or trademark registrant finds an obvious error in the documents of application or registration, he or it may apply to have it corrected. The Trademark Office shall ex officio make corrections in accordance with law and notify the party concerned.
　　The correction of errors provided in the preceding paragraph shall not involve substantive matters in the application or registration documents.
　　Chapter IV. Renewal, Assignment and Licensing of Registered Trademarks
　　Article 37. The period of validity of a registered trademark shall be ten years, counted from the date of approval of the registration.
　　Article 38. Where the registrant intends to continue to use the registered trademark beyond the expiration of the period of validity, an application for renewal of the registration shall be made within six months before the said expiration. Where no application therefore has been filed within the said period, a grace period of six months may be allowed. If no application has been filed at the expiration of the grace period, the registered trademark shall be cancelled.
　　The period of validity of each renewal of registration shall be ten years.
　　Any renewal of registration shall be published after it has been approved.
　　Article 39. Where a registered trademark is assigned, the assignor and assignee shall sign an agreement for the assignment and jointly file an application with the Trademark Office. The assignee shall guarantee the quality of the goods in respect of which the registered trademark is used.
　　The assignment of a registered trademark shall be published after it has been approved. The assignee shall enjoy the exclusive right to use the mark from the date of publication.
　　Article 40. Any trademark registrant may, by signing a trademark license contract, authorize other persons to use his or its registered trademark. The licensor shall supervise the quality of the goods in respect of which the licensee uses his registered trademark, and the licensee shall guarantee the quality of the goods in respect of which the registered trademark is used.
　　Where any party is authorized to use a registered trademark of another party, the name of the licensee and the origin of the goods must be indicated on the goods that bear the registered trademark. The trademark license contract shall be submitted to the Trademark Office for record.
　　Chapter V. Adjudication of Disputes Concerning Registered Trademarks
　　Article 41. Where a registered trademark stands in violation of the provisions of Articles 10, 11 and 12 of this Law, or the registration of a trademark was acquired by fraud or any other unfair means, the Trademark Office shall cancel the registered trademark in question; and any other organization or individual may request the Trademark Review and Adjudication Board to make an adjudication to cancel such a registered trademark.
　　Where a registered trademark stands in violation of the provisions of Articles 13, 15, 16 and 31 of this Law, the owner of the mark or any interested party may, within five years from the date of registration, request the Trademark Review and Adjudication Board to make an adjudication to cancel such a registered trademark.
　　Where a registration was obtained in bad faith, the owner of a well-known trademark shall not be bound by the five-year limitation.
　　In addition to those cases as provided in the preceding two paragraphs, a prior registrant disputing a registered trademark may, within five years from the date of approval of the trademark registration, apply to the Trademark Review and Adjudication Board for adjudication.
　　The Trademark Review and Adjudication Board shall, after receipt of the application for adjudication, notify the parties concerned and request them to respond with arguments within a specified period.
　　Article 42. Where a trademark, before its being approved for registration, has been the object of opposition and decision, no application for adjudication may be filed based on the same facts and grounds.
　　Article 43. After the Trademark Review and Adjudication Board has made an adjudication either to maintain or to cancel a registered trademark, it shall notify the parties concerned of the same in writing.
　　Where any party concerned is dissatisfied with the decision of the Trademark Review and Adjudication Board, he or it may, within thirty days from receipt of the notice, institute legal proceedings in the People’s Court. The People’s Court shall notify the other party in the trademark adjudication proceeding to be a third party to the litigation.
　　Chapter VI. Administration of the Use of Trademarks
　　Article 44. Where any person who uses a registered trademark has committed any of the following acts, the Trademark Office shall order him to rectify the situation within a specified period or even cancel the registered trademark:
　　(1) where a registered trademark is altered unilaterally (that is, without the required registration);
　　(2) where the name, address or other registered matters concerning the registrant of a registered trademark are changed unilaterally (that is, without the required application);
　　(3) where the registered trademark is assigned unilaterally (that is, without the required approval);
　　(4) where the use of the registered trademark has ceased for three consecutive years.
　　Article 45. Where a registered trademark is used in respect of the goods that have been roughly or poorly manufactured, or whose superior quality has been replaced by inferior quality, so that consumers are deceived, the administrative authorities for industry and commerce at different levels shall, according to the circumstances, order rectification of the situation within a specified period, and may, in addition, circulate a notice of criticism or impose a fine, and the Trademark Office may even cancel the registered trademark.
　　Article 46. Where a registered trademark has been cancelled or has not been renewed at the expiration, the Trademark Office shall, during one year from the date of the cancellation or removal thereof, approve no application for the registration of a trademark that is identical with or similar to the said trademark.
　　Article 47. Where any person violates the provisions of Article 6 of this Law, the local administrative authority for industry and commerce shall order him to file an application for the registration within a specified period, and may, in addition, impose a fine.
　　Article 48. Where any person who uses an unregistered trademark has committed any of the following, the local administrative authority for industry and commerce shall stop the use of the trademark, order him to rectify the situation within a specified period, and may, in addition, circulate a notice of criticism or impose a fine:
　　(1) where the trademark is falsely represented as registered;
　　(2) where any provision of Article 10 of this Law is violated;
　　(3) where the manufacture is of rough or poor, or where superior quality is replaced by inferior quality, so that consumers are deceived.
　　Article 49. Any party concerned dissatisfied with the decision of the Trademark Office to cancel a registered trademark may, within fifteen days from receipt of the corresponding notice, apply for a review with the Trademark Review and Adjudication Board, which shall make a decision and notify the applicant in writing. Where any interested party dissatisfied with the decision of the Trademark Review and Adjudication Board, he or it may, within 30 days from receipt of the notice, institute legal proceedings in the People’s Court.
　　Article 50. Any interested party dissatisfied with the decision of the administrative authority for industry and commerce to impose a fine under the provisions of Article 45, Article 47 or Article 48 may, within fifteen days from receipt of the corresponding notice, institute legal proceedings with the People’s Court. If there have been instituted no legal proceedings or no performance of the decision has been made at the expiration of the said period, the administrative authority for industry and commerce may request the People’s Court for compulsory execution thereof.
　　Chapter VII Protection of the Exclusive Rights to Use Registered Trademarks
　　Article 51. The exclusive right to use a registered trademark is limited to the trademark which has been approved for registration and to the goods in respect of which the use of the trademark has been approved.
　　Article 52. Any of the following acts shall be an infringement of the exclusive right to use a registered trademark:
　　(1) using a trademark that is identical with or similar to a registered trademark in respect of the same or similar goods without the authorization from the trademark registrant;
　　(2) selling goods that infringe the exclusive right to use a registered trademark;
　　(3) counterfeiting, or making, without authorization, representations of a registered trademark of another person, or selling such representations of a registered trademark as were counterfeited, or made without authorization;
　　(4) replacing another party’s registered trademark, without authorization, and selling goods bearing such a replaced trademark;
　　(5) causing, in other respects, prejudice to the exclusive right of another person to use a registered trademark.
　　Article 53. Where a dispute arises after a party commits any of such acts to infringe the exclusive right to use a registered trademark as provided for in Article 52 of this Law, the parties involved shall settle the dispute through consultation. Where the parties refuse to pursue consultation or where consultation has failed, the trademark registrant or interested party may institute legal proceedings with the People’s Court, or request the administrative authority for industry and commerce for actions. The administrative authority for industry and commerce shall, upon determining the trademark infringement has taken place, order the infringer to immediately stop the infringing act, confiscate and destroy the infringing goods and any instruments specifically used to manufacture the infringing goods and counterfeit representations of the registered trademarks, and even impose a fine. Where any interested party is dissatisfied with the decision of the administrative authority for industry and commerce, he or it may, within 15 days from the date of receipt of the notification, institute legal proceedings with the people’s court in accordance with the Administrative Procedural Law of the People’s Republic of China. If there are no legal proceedings instituted or no performance of the decision at the expiration of the said period, the administrative authority for industry and commerce may request the People’s Court for compulsory execution thereof. Where a party so requests, the administrative authority for industry and commerce handling a dispute may mediate in settling the amount of damages. Where mediation fails, a party may institute legal proceedings with the People’s Court in accordance with the Civil Procedural Law of the People’s Republic of China.
　　Article 54. The administrative authority for industry and commerce has the power to investigate and handle by law any conduct infringing upon the exclusive right to use a registered trademark. Where a crime is suspected to have been committed, the case shall be promptly transferred to the judicial authority to be dealt with in accordance with law.
　　Article 55. When investigating activities suspected of having infringed upon another party’s exclusive right to use a registered trademark, the administrative authority for industry and commerce at or above the county level may, based on the obtained evidences suspected of illegal conduct or information supplied by a member of the public, exercise the following functions and authorities;
　　(1) to inquire of the interested about the case; to investigate into such circumstances as involved infringement upon other parties’ exclusive right to use a registered trademark;
　　(2) to examine or reproduce the interested party’s contracts, invoices and account books and other materials as involved infringement upon other parties’ exclusive right to use a registered trademark;
　　(3) to conduct an on-site inspection of the premises where the party has carried out acts allegedly infringing upon another party’s exclusive right to use a registered trademark;
　　(4) to check up such articles as relate to the infringing act and may seal or take into custody articles which are proven to have infringed upon another party’s exclusive right to use a registered trademark.
　　When the administrative authority for industry and commerce exercises such functions and powers as enumerated in the preceding paragraph, the interested parties shall assist and cooperate and shall not refuse or obstruct to do so.
　　Article 56. The amount of damages for infringement of the exclusive right to use a registered trademark shall be the profit that the infringer has earned through the infringement during the period of the infringement or the losses that the period of the infringee has suffered through the infringement during the period of the infringement, including any reasonable expenses the infringee has incurred in his or its efforts to stop the infringement.
　　Where the profit earned because by the infringer or losses suffered by the infringee through the infringement referred to in the preceding paragraph can not be determined, the people’s court shall decide an amount of damages not more than 500,000 yuan RMB, depending on the circumstances of the infringing acts.
　　Where a party unknowingly sells goods that infringe upon another party’s exclusive right to use a registered trademark but is able to prove that he or it has obtained the goods lawfully and is able to identify the supplier, he or it shall not be held liable for damages.
　　Article 57. Where a trademark registrant or any interested submits evidence proving that another party is engaged in or will soon engage in actions that infringe upon the former’s exclusive right to use his or its registered trademark and that, unless they are stopped promptly, it will cause irreparable damages to its legitimate rights and interests, he or it may, before filing a lawsuit, apply to the people’s court for the granting of an injunction prohibition the relevant acts and taking measures for property preservation.
　　The People’s Court handling the application under the preceding paragraph shall apply the provisions of Articles 93 to Article 96 and Article 99 of the Civil Procedural Law of the People’s Republic of China.
　　Article 58. With a view to prohibiting trademark infringing acts and where evidences may be destroyed or lost or become unobtainable in the future, a trademark registrant or interested party may file an application with the people’s court for preservation of the evidence before instituting legal proceedings to the people’s court.
　　The People’s Court shall make a decision within 48 hours after receipt of the application. Where the people’s court decides to provide preservative measures, the decision shall be enforced immediately.
　　The People’s Court may order the applicant to provide guaranty. Where no guaranty provided, the people’s court shall reject the application.
　　Where the applicant fails to institute legal proceedings within 15 days after the people’s court grants the preservative measures, the people’s court shall rescind the said measures.
　　Article 59. Where any party, without the authorization from the trademark registrant, uses a trademark that is identical with a registered trademark in respect of the same goods, if it constitutes a crime, the party shall be prosecuted, according to lae, for its criminal liabilities in addition to compensating the losses the infringee suffers. Where any party counterfeits, or makes, without authorization, representations of a registered trademark of another party, or sells such representations of a registered trademark as were counterfeited, or made without authorization, if it constitutes a crime, the party shall be prosecuted, according to law, for its criminal liabilities.
　　Where any party sells goods that he knows bear a counterfeited registered trademark, if it constitute a crime, the party shall be prosecuted, according to law, for its criminal liabilities in addition to compensating the losses the infringee suffers.
　　Article 60. State functionaries engaged in trademark registration, administration and review shall be impartial in implementing the law, incorruptible and self-disciplined, devoted to their duties and shall be courteous and honest in their delivery of service.
　　State functionaries of the Trademark Office and the Trademark Review and Adjudication Board and other personnel engaged in trademark registration, administration and review shall not be involved in trademark agency services or in any activity of manufacturing and trading goods.
　　Article 61. Administrative authorities for industry and commerce shall establish and perfect an internal supervisory system to supervise and inspect the way state functionaries responsible for trademark registration, administration and review implement laws and administrative regulations and observe disciplines.
　　Article 62. Where state functionary engaged in trademark registration, administration and review are derelict of duty, abuse their power, and practice fraud for personal gains; where they handle trademark registration, administration and review matters in violation of the law. Where they accept money or properties from a party in a trademark matter; where they seek improper gains; and where the case is so serious as to constitute a crime. They shall be prosecuted, according to law, for their criminal liabilities. Where the case does not constitute a crime, the person involved shall be subject to administrative disciplinary measures according to law.
　　Chapter VIII. Supplementary Provisions
　　Article 63. Any application for a trademark registration and for other matters concerning a trademark shall be subject to payment of the fees as prescribed. The schedule of fees shall be prescribed separately.
　　Article 64. This Law shall enter into force on March 1, 1983. The “Regulations Governing Trademarks” promulgated by the State Council on April 10, 1963 shall be abrogated on the same date, and any other provisions concerning trademarks contrary to this Law shall cease to be effective at the same time.
　　Trademarks registered before this Law enters into force shall continue to be valid.
　　(Translation by the Trade demark Office of the State Administration for Industry and Commerce of the People’s Republic of China)

Adopted at the Seventh Meeting of the Standing Committee of the Eighth National People’s Congress on May 12, 1994, promulgated by Order No.22 of the President of the People’s Republic of China on May 12, 1994, and effective as of July 1, 1994
FOREIGN TRADE LAW OF THE PEOPLE’S REPUBLIC OF CHINA
Contents:
Chapter I General Provisions
Chapter II Foreign Trade Operators
Chapter III Import and Export of Goods and Technologies
Chapter IV International Service Trade
Chapter V Order of Foreign Trade
Chapter VI Promotion of Foreign Trade
Chapter VII Legal Liability
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated with a view to developing foreign trade, maintaining the order of foreign trade and promoting a sound development of the socialist market economy.
Article 2 Foreign trade as used in this Law refers to the import and export of goods and technologies, and the international service trade.
Article 3 The competent department in charge of foreign economic relations and trade under the State Council shall be in charge of the work of foreign trade throughout the country in accordance with this Law.
Article 4 The State shall institute a uniform system of foreign trade and safeguard a fair and free foreign trade order in accordance with law. The State shall encourage the development of foreign trade, bring into play the initiative of localities and ensure the independence of management of foreign trade operators.
Article 5 The People’s Republic of China promotes and develops trade relations with other countries and regions in accordance with the principle of equality and mutual benefit.
Article 6 The People’s Republic of China in foreign trade grants the most favoured nation treatment and the national treatment to other signatories or acceding parties on the basis of the international treaties and agreements that China has signed or acceded to, or to the other party under the principle of mutual benefit and reciprocity.
Article 7 Where a country or a region adopts prohibitive, restrictive or other similar measures that are discriminative in nature against the People’s Republic of China in trade, the People’s Republic of China may, in the light of the actual conditions, adopt corresponding counter-measures against such a country or region.
Chapter II Foreign Trade Operators
Article 8 Foreign trade operators as used in this Law refer to the legal persons or other organizations engaged in the operative activities of foreign trade in accordance with the provisions of this Law.
Article 9 Foreign trade operators handling the import and export of goods or technologies must satisfy the following conditions, and obtain the permission from the competent department in charge of foreign economic relations and trade under the State Council:
(1) having their own names and organizational structures;
(2) having clear-cut business scopes of foreign trade;
(3) having Premises, funds and professionals needed for the foreign trade business they are engaged in;
(4) having fulfilled the required performance of having necessary sources of goods for import and export in the case of entrusting others to handle imports and exports; and
(5) other conditions provided by laws and administrative rules and regulations.
The measures for the implementation of the provisions of the preceding paragraph shall be formulated by the State Council.
Enterprises with foreign investment shall be free from obtaining the permission as stipulated in the first paragraph of this Article, if they, in accordance with the laws and administrative rules and regulations governing enterprises with foreign investment, import non-productive goods for their own uses, or necessary equipment, raw materials and other goods for their production, or export their own products.
Article 10 The establishment of the international service trading enterprises and organizations and their business activities shall comply with the provisions of this Law and other relevant laws and administrative rules and regulations.
Article 11 Foreign trade operators shall in accordance with law enjoy full autonomy in their management and shall be responsible for their own profits and losses.
Article 12 Foreign trade operators shall, in conducting foreign trade activities, honor contracts, ensure product quality and improve after-sale service.
Article 13 Organizations or individuals without permits for foreign trade business may entrust foreign trade operators within China to conduct foreign trade businesses on their behalf within the business scope of the trustees. The foreign trade operators who are entrusted to conduct foreign trade business shall truthfully provide the trustors with market information, commodity prices, information about clients and other relevant business information. The trustors and trustees shall conclude a trusteeship contract in which the rights and obligations of both parties shall be specified.
Article 14 Foreign trade operators shall, in accordance with the provisions of the competent department in charge of foreign economic relations and trade under the State Council, present documents and material pertinent to their foreign trade business to the relevant departments. The departments concerned shall keep business secrets for such providers.
Chapter III Import and Export of Goods and Technologies
Article 15 The State shall allow free import and export of goods and technologies, however, except as otherwise provided for in laws or administrative rules and regulations.
Article 16 The State may restrict the import and export of the goods and technologies under any of the following circumstance:
(1) for safeguarding national security or public interests, there is need to restrict imports or exports;
(2) due to short supply on domestic market or for effective conservation of exhaustible domestic resources, there is need to restrict exports;
(3) due to the limited market capacity in the country or region of destination, there is need to restrict exports;
(4) for establishing or speeding up the establishment of a particular domestic industry, there is need to restrict imports;
(5) for any form of agricultural, animal husbandry or fishery products, there is necessity to restrict imports;
(6) for safeguarding the State抯 international financial position and ensuring the balance of international receipts and payments, there is need to restrict imports; or
(7) under the international treaties or agreements signed or acceded to by the People’s Republic of China, there is need to restrict imports or exports.
Article 17 The State shall prohibit the import or export of the goods and technologies falling into any of the following categories:
(1) those that endanger national security or public interests;
(2) those whose import or export must be prohibited for the protection of human life or health;
(3) those that impair ecological environment; or
(4) under the international treaties or agreements signed or acceded to by the People’s Republic of China, the prohibition of import or export is required.
Article 18 The competent department in charge of foreign economic relations and trade under the State Council shall, in collaboration with other relevant departments under the State Council, formulate, readjust and publicize the catalogue of goods and technologies whose import or export is prohibited or restricted according to the provisions in Articles 16 and 17 of this Law. The competent department in charge of foreign economic relations and trade under the State Council may, independently or jointly with relevant departments under the State Council, subject to the approval of the State Council and within the scope stipulated in Articles 16 and 17 of this Law, specially decide to restrict or prohibit the import or export of specific goods or technologies which are not included in the catalogues specified in the preceding paragraph.
Article 19 Goods under import or export restrictions shall be managed by distributing quotas or issuing licences; while technologies under import or export restrictions shall be managed by issuing licences. Goods and technologies managed by distributing quotas or issuing licences may be imported or exported, as prescribed by the State Council, only with the permission of the competent department in charge of foreign economic relations and trade under the State Council or together with relevant departments under the State Council.
Article 20 Quotas for import and export of goods shall be distributed by the competent department in charge of foreign economic relations and trade under the State Council or by relevant departments under the State Council within their respective functions and responsibilities on the principles of efficiency, impartiality, transparency and fair competition and according to the performance and ability of the applicants in import or export and other conditions. Ways and measures for the distribution of quotas shall be prescribed by the State Council.
Article 21 In respect of cultural relics, wild animals and plants and their products as well as other goods and merchandise, if their imports of exports are prohibited or restricted under other laws or administrative rules and regulations, the provisions of such laws or administrative rules and regulations shall be applied.
Chapter IV International Service Trade
Article 22 The State shall promote the progressive development of international service trade.
Article 23 The People’s Republic of China shall, in international service trade, grant other signatories and acceding parties market access and national treatment according to the commitments made in the international treaties or agreements it has signed or acceded to.
Article 24 The State may restrict international service trade on the basis of any of the following considerations:
(1) for safeguarding national security or public interests;
(2) for protecting ecological environment;
(3) for establishing or speeding up the establishment of a particular domestic service industry;
(4) for ensuring the State balance of international receipts and payments; or
(5) other circumstances calling for such restrictions as provided by laws or administrative rules and regulations.
Article 25 The State shall prohibit the international service trade falling into any of the following categories:
(1) that endangering national security or public interests;
(2) that running counter to the international commitments undertaken by the People’s Republic of China; or
(3) that prohibited by laws and administrative rules and regulations.
Article 26 The competent department in charge of foreign economic relations and trade under the State Council and relevant departments under the State Council shall conduct management of international service trade according to this Law and relevant laws and administrative rules and regulations.
Chapter V Order of Foreign Trade
Article 27 Foreign trade operators shall, in their foreign trade activities, conduct business operations according to law, carry out fair competition and shall not commit any of the following acts:
(1) counterfeiting, altering, buying or selling certificates of origin, or licenses of import and export;
(2) infringing upon the intellectual property rights protected by laws of the People’s Republic of China;
(3) pushing out competitors by means of unfair competition;
(4) fraudulently obtaining tax refund for exports from the State; or
(5) other acts violating laws or administrative rules and regulations.
Article 28 Foreign trade operators shall, in their foreign trade activities, use, or settle their accounts of, foreign currency in accordance with relevant regulations of the State.
Article 29 Where due to the increase of imported products, domestic producers of like products or producers manufacturing products directly competitive to the imported ones suffer material damage or threat of material damage, the State may take necessary protective measures to eliminate or reduce such damage or threat of damage.
Article 30 Where products are imported at prices lower than its normal value, thereby causing substantial damage or threat of substantial damage to the relevant domestic industries already established, or substantially hindering the establishment of relevant domestic industries, the State may take necessary measures to eliminate or reduce such damage or threat of damage or hindrance.
Article 31 Where imported products receive subsidies of any form directly or indirectly from countries of exportation, thus causing substantial damage or threat of substantial damage to relevant domestic industries already established, or substantially hindering the establishment of relevant domestic industries, the State may take necessary measures to eliminate or reduce such damage or threat of damage or hindrance.
Article 32 When circumstances specified in Article 29, 30 or 31 occur, departments or organs designated by the State Council shall investigate and handle them according to laws or administrative rules and regulations.
Chapter VI Promotion of Foreign Trade
Article 33 The State shall, in light of the needs for the development of foreign trade, set up and improve financial institutions in service of foreign trade and establish development fund and risk fund for foreign trade.
Article 34 The State shall adopt promotional measures to develop foreign trade such as providing credits for import and export and refunding taxes on exports.
Article 35 Foreign trade operators may set up and join import-export chambers according to law. Import-export chambers shall observe laws and administrative rules and regulations, coordinate and direct foreign trade activities of their members according to the articles of associations, provide consultant services, report suggestions of their members concerning the promotion of foreign trade to relevant governmental departments and actively conduct activities for the promotion of foreign trade.
Article 36 China’s international trade promotion organizations shall, according to the articles of associations, carry out foreign liaison activities, hold exhibitions, provide information and consultant services as well as other activities for the promotion of foreign trade.
Article 37 The State shall support and promote national autonomous regions and economically under-developed areas to develop foreign trade.
Chapter VII Legal Liability
Article 38 Whoever smuggles goods whose import and export are prohibited or restricted, if such an act constitutes a crime, shall be investigated for criminal responsibility according to the Supplementary Provisions for the Punishment of the Crime of Smuggling. If such an act does not constitute a crime, the offender shall be punished according to the Customs Law. The competent department in charge of foreign economic relations and trade under the State Council may concurrently revoke their business licenses for foreign trade.
Article 39 Whoever counterfeits or alters certificates of origin or licenses of import and export shall be investigated for criminal responsibility according to the provisions of Article 167 of the Criminal Law. Whoever buys or sells the certificates of origin for import and export or licenses of import and export, or buys or sells counterfeited or altered certificates of origin, or licenses of import and export shall be investigated for criminal responsibility by applying mutatis mutandis the provisions of Article 167 of the Criminal Law. Where a unit commits the crimes specified in the preceding paragraph, it shall be punished with a fine. Persons directly in charge and persons who are held directly responsible in the unit shall be investigated for criminal responsibility according to or by applying mutatis mutandis the provisions of Article 167 of the Criminal Law. The competent department in charge of foreign economic relations and trade under the State Council may concurrently revoke their business licenses for conducting foreign trade. Whoever knowingly uses counterfeited or altered licenses of import and export to import or export goods shall be punished according to the provisions of Article 38 of this Law.
Article 40 Whoever in violation of this Law imports or exports technologies whose import and export are prohibited or restricted, if such an act constitutes a crime, shall be investigated for criminal responsibility by applying mutatis mutandis the Supplementary Provisions for the Punishment of the Crime of Smuggling.
Article 41 The State functionaries engaged in foreign trade who neglect their duties or practise irregularities for personal gains or abuse their power shall be investigated for criminal responsibility according to law if their acts constitute a crime. If their acts do not constitute a crime, they shall be given administrative sanctions. The State functionaries engaged in foreign trade who by taking advantage of their office extort other persons, money or goods or illegally accept other persons, money or goods so as to seek benefits for such persons shall be investigated for criminal responsibility according to the Supplementary Provisions for the Punishment of the Crime of Corruption and Bribery if their acts constitute a crime. If their acts do not constitute a crime, they shall be given administrative sanctions.
Chapter VIII Supplementary Provisions
Article 42 The State shall adopt flexible measures and provide favourable treatment and convenience to the trade between its frontier towns and the frontier towns of bordering countries as well as fairs among the inhabitants of border areas. Specific measures shall be formulated by the State Council.
Article 43 This Law shall not apply to the separate customs areas in the People’s Republic of China.
Article 44 This Law shall go into effect on July 1, 1994.

Anti-Secession Law adopted by NPC (Full Text)
Order of the President of the People’s Republic of China　No. 34
　　The Anti-Secession Law, adopted at the Third Session of the Tenth National People’s Congress of the People’s Republic of China on March 14, 2005, is hereby promulgated and shall go into effect as of the date of promulgation.
　　Hu Jintao　　President of the People’s Republic of China　　March 14, 2005
中华人民共和国主席令　第三十四号
　　《反分裂国家法》已由中华人民共和国第十届全国人民代表大会第三次会议于2005年3月14日通过，现予公布，自公布之日起施行。
　　中华人民共和国主席　　胡锦涛　　2005年3月14日
Anti-Secession Law
　　(Adopted at the Third Session of the Tenth National People’s Congress on March 14, 2005)
　　Article 1 This Law is formulated, in accordance with the Constitution, for the purpose of opposing and checking Taiwan’s secession from China by secessionists in the name of “Taiwan independence”, promoting peaceful national reunification, maintaining peace and stability in the Taiwan Straits, preserving China’s sovereignty and territorial integrity, and safeguarding the fundamental interests of the Chinese nation.
　　Article 2 There is only one China in the world. Both the mainland and Taiwan belong to one China. China’s sovereignty and territorial integrity brook no division. It is…common obligation Safeguarding China’s sovereignty and territorial integrity is the common obligation of all Chinese people, the Taiwan compatriots included.
　　Taiwan is part of China. The state shall never allow the “Taiwan independence” secessionist forces to make Taiwan secede from China under any name or by any means.
　　Article 3 The Taiwan question is one that is left over from China’s civil war of the late 1940s.
　　It is… Solving the Taiwan question and achieving national reunification is China’s internal affair, which subjects to no interference by any outside forces.
　　Article 4 Accomplishing the great task of reunifying the motherland is the sacred duty of all Chinese people, the Taiwan compatriots included.
　　Article 5 Upholding the principle of one China is the basis of peaceful reunification of the country.
　　To reunify the country through peaceful means best serves the fundamental interests of the compatriots on both sides of the Taiwan Straits. The state shall do its utmost with maximum sincerity to achieve a peaceful reunification.
　　After the country is reunified peacefully, Taiwan may practice systems different from those on the mainland and enjoy a high degree of autonomy.
　　Article 6 The state shall take the following measures to maintain peace and stability in the Taiwan Straits and promote cross-Straits relations:
　　(1) to encourage and facilitate personnel exchanges across the Straits for greater mutual understanding and mutual trust;
　　(2) to encourage and facilitate economic exchanges and cooperation, realize direct links of trade, mail and air and shipping services, and bring about closer economic ties between the two sides of the Straits to their mutual benefit;
　　(3) to encourage and facilitate cross-Straits exchanges in education, science, technology, culture, health and sports, and work together to carry forward the proud Chinese cultural traditions;
　　(4) to encourage and facilitate cross-Straits cooperation in combating crimes; and
　　(5) to encourage and facilitate other activities that are conducive to peace and stability in the Taiwan Straits and stronger cross-Straits relations.
　　The state protects the rights and interests of the Taiwan compatriots in accordance with law.
　　Article 7 The state stands for the achievement of peaceful reunification through consultations and negotiations on an equal footing between the two sides of the Taiwan Straits. These consultations and negotiations may be conducted in steps and phases and with flexible and varied modalities.
　　The two sides of the Taiwan Straits may consult and negotiate on the following matters:
　　(1) officially ending the state of hostility between the two sides;
　　(2) mapping out the development of cross-Straits relations;
　　(3) steps and arrangements for peaceful national reunification;
　　(4) the political status of the Taiwan authorities;
　　(5) the Taiwan region’s room of international operation that is compatible with its status; and
　　(6) other matters concerning the achievement of peaceful national reunification.
　　Article 8 In the event that the “Taiwan independence” secessionist forces should act under any name or by any means to cause the fact of Taiwan’s secession from China, or that major incidents entailing Taiwan’s secession from China should occur, or that possibilities for a peaceful reunification should be completely exhausted, the state shall employ non-peaceful means and other necessary measures to protect China’s sovereignty and territorial integrity.
　　The State Council and the Central Military Commission shall decide on and execute the non-peaceful means and other necessary measures as provided for in the preceding paragraph and shall promptly report to the Standing Committee of the National People’s Congress.
　　Article 9 In the event of employing and executing non-peaceful means and other necessary measures as provided for in this Law, the state shall exert its utmost to protect the lives, property and other legitimate rights and interests of Taiwan civilians and foreign nationals in Taiwan, and to minimize losses. At the same time, the state shall protect the rights and interests of the Taiwan compatriots in other parts of China in accordance with law.
　　Article 10 This Law shall come into force on the day of its promulgation.
反分裂国家法
　　2005年3月14日第十届全国人民代表大会第三次会议通过
　　第一条 为了反对和遏制“台独”分裂势力分裂国家，促进祖国和平统一，维护台湾海峡地区和平稳定，维护国家主权和领土完整，维护中华民族的根本利益，根据宪法，制定本法。
　　第二条 世界上只有一个中国，大陆和台湾同属一个中国，中国的主权和领土完整不容分割。维护国家主权和领土完整是包括台湾同胞在内的全中国人民的共同义务。
　　台湾是中国的一部分。国家绝不允许“台独”分裂势力以任何名义、任何方式把台湾从中国分裂出去。
　　第三条 台湾问题是中国内战的遗留问题。
　　解决台湾问题，实现祖国统一，是中国的内部事务，不受任何外国势力的干涉。
　　第四条 完成统一祖国的大业是包括台湾同胞在内的全中国人民的神圣职责。
　　第五条 坚持一个中国原则，是实现祖国和平统一的基础。
　　以和平方式实现祖国统一，最符合台湾海峡两岸同胞的根本利益。国家以最大的诚意，尽最大的努力，实现和平统一。
　　国家和平统一后，台湾可以实行不同于大陆的制度，高度自治。
　　第六条 国家采取下列措施，维护台湾海峡地区和平稳定，发展两岸关系：
　　（一）鼓励和推动两岸人员往来，增进了解，增强互信；
　　（二）鼓励和推动两岸经济交流与合作，直接通邮通航通商，密切两岸经济关系，互利互惠；
　　（三）鼓励和推动两岸教育、科技、文化、卫生、体育交流，共同弘扬中华文化的优秀传统；
　　（四）鼓励和推动两岸共同打击犯罪；
　　（五）鼓励和推动有利于维护台湾海峡地区和平稳定、发展两岸关系的其他活动。
　　国家依法保护台湾同胞的权利和利益。
　　第七条 国家主张通过台湾海峡两岸平等的协商和谈判，实现和平统一。协商和谈判可以有步骤、分阶段进行，方式可以灵活多样。
　　台湾海峡两岸可以就下列事项进行协商和谈判：
　　（一）正式结束两岸敌对状态；
　　（二）发展两岸关系的规划；
　　（三）和平统一的步骤和安排；
　　（四）台湾当局的政治地位；
　　（五）台湾地区在国际上与其地位相适应的活动空间；
　　（六）与实现和平统一有关的其他任何问题。
　　第八条 “台独”分裂势力以任何名义、任何方式造成台湾从中国分裂出去的事实，或者发生将会导致台湾从中国分裂出去的重大事变，或者和平统一的可能性完全丧失，国家得采取非和平方式及其他必要措施，捍卫国家主权和领土完整。
　　依照前款规定采取非和平方式及其他必要措施，由国务院、中央军事委员会决定和组织实施，并及时向全国人民代表大会常务委员会报告。
　　第九条 依照本法规定采取非和平方式及其他必要措施并组织实施时，国家尽最大可能保护台湾平民和在台湾的外国人的生命财产安全和其他正当权益，减少损失；同时，国家依法保护台湾同胞在中国其他地区的权利和利益。
　　第十条 本法自公布之日起施行。

Forests have long been a hinterland: remote, “backward” areas largely controlled by external, often urban, actors and seen to be of little use to national development or the world except as a supply of low-valued natural resources. The year 2009 marked the beginning of the end of this era. Forest lands are booming in value for the production of food, fuel, fibre and now carbon. More than ever, forests are bargaining chips in global climate negotiations and markets.

This unprecedented exposure and pressure provides nations and the world at large tremendous opportunity to right historic wrongs, advance rural development and save forests. But the chaos at the United Nations climate conference in Copenhagen laid bare the looming crises that the world will face if long-term trends of ignored rights, hunger and climate change remain inadequately addressed in 2010. While the era of the hinterland is ending, the future of forest areas is not yet clear.

The year 2009 will be remembered for the global economic recession and the chaotic attempts to address climate change. But it might also be remembered as a year when governments were overthrown for ignoring local land rights and there was finally widespread realisation that addressing long-standing questions over forest and land rights and tenure is required for addressing global crises of food security, war and climate change.

In March the government of Madagascar was ousted, a move accelerated by widespread resistance to the government handover of half the island`s arable land to a South Korean corporation, Daewoo Logistics. This reality awoke many to the real political consequences of the volatile combination of insecure land rights, persistent government control of land and forests and booming demand for commodities like food, fuel and speculative forest carbon.

The Copenhagen summit neatly captured the contradictions and challenges of the year. Despite the unclear and limited outcomes, it was one of the most important global negotiations to date and indigenous and other community leaders were organised, influencing global decisions about the future of the planet.

Yet at the end of the summit, these same leaders returned home to forests where many do not have government-recognised rights to the land and trees they have used for generations. The flood of money now promised to their governments to help maintain tropical forests and secure additional carbon is putting unprecedented pressures on forest lands and also offering unprecedented opportunity to secure the rights and development of local people.

Forest communities have long been fighting for more control over their forests. Now, clarifying forest tenure and governance has become a priority for some global leaders and even carbon traders. If, and how, local, national and global actors deal with these issues will determine the future of forest areas.

Today, governments claim to own about 75% of the world`s forests, and just a little more than 9% are legally owned by communities and indigenous peoples. This unbalanced pattern of statutory ownership has begun to change over recent decades but state ownership claims remain particularly dominant in Africa. Latin America has done more to legally recognise the tenure rights of indigenous peoples and forest communities. In fact, at the present rate of change it would take 270 years for the tenure distribution in the Congo Basin to match that of the Amazon Basin.

Tenure transition from state to communities and households is both a reinstatement of traditional governance patterns and a modern development of more equitable governance, rule of law and defence of human rights. It can be peaceful and incremental but, more often than not, it has been confrontational.

The revolutions in Mexico in the early-twentieth century or China in the 1950s, for example, transferred the majority of forests from the state and large landholders to collectives and households. In Europe and the United States, communities and households own the majority of forestlands and in New Zealand and Canada, there are long processes of the indigenous Māoris and First Nations claiming their forest rights. But in a large part of the developing world, state domination over resources put in place during the colonial period has not given way to alternative models and post-colonial legislation continues to assign rights to governments at the expense of local peoples.

Conflicts between forest communities and outsiders are not a new phenomenon. Earlier in history, they were often limited in number and short in duration, with forest communities quickly overwhelmed by an external power. 2009 was different. Just as powerful global investors and national governments realised the enormous potential profit to be made from the remaining tropical forests, violent conflicts in and over forests sparked and raged anew.

Deadly conflicts in Peru and the repression of a longstanding insurgency in India are the most prominent examples but long-overlooked local disputes over resource rights have spun into major conflicts in Afghanistan and the Niger Delta. As the demand to control forest resources increases, so will violent conflict over these valuable resources.

Unready for REDD

As the dust settles from the chaos in Copenhagen, it is clear that REDD, the programme to reduce emissions from deforestation and forest degradation, is going forward with at least US$3.5 billion (23.9 billion yuan) of initial funding but without the framework or standards to guide it responsibly. The combination of new money and limited controls dramatically raises the risks and pressures on forests and forest peoples. The current lack of a comprehensive architecture for REDD means that the carbon market and funding will be global but justice and legal redress will have to be meted out locally.

REDD was held up as one of the rare points of consensus in Copenhagen: promoted by the “global north”, the world`s rich countries, because of the potential for easy and cheap emissions reductions and by the “global south”, or developing countries, for the lure of finance and investment. International programmes like the Forest Carbon Partnership Facility (FCPF) and the UN-REDD Programme were set up to have pilot results ready in time for the Copenhagen summit. But as these pilots got under way, the inherent complications of slowing deforestation came into focus: effective REDD will not be easy. The FCPF and UN-REDD have received donations and pledges of more than US$186 million (1.3 billion yuan) from a handful of governments but only a small fraction of the money has been allocated to actions on the ground to date.

Despite the doubts still haunting REDD, existing REDD-readiness funds have established innovative governance structures that include representatives of indigenous peoples and civil society. This progress cannot be discounted for it hints at the real issues that REDD will encounter in implementation. Yet even where this is recognised, the operational capacity to include local participation and ensure rights recognition in REDD is quite limited.

Where there is value and confusion, there is also high risk of corruption and 2009 may become known as the first year of major carbon crookedness. Just before the climate talks in Copenhagen, the government of Papua New Guinea quietly disbanded its Office of Climate Change and Environmental Sustainability after longstanding and well-publicised accusations that it had illegally sold carbon-ownership certificates valued at AU$100 million (616 million yuan) to an Australian company and egregiously neglected to consult with forest communities – the clear legal owners of the forests of the country.

Last year the widespread lack of legal clarity and enforcement and rising global value of REDD attracted the attention of Interpol, the intergovernmental police organisation, and international environmental crime experts globally. In the words of Peter Younger, environment crimes specialist at Interpol, “The potential for criminality is vast and has not been taken into account by the people who set it up%26hellip;Organised crime syndicates are eyeing the nascent forest carbon market.”

2010 is the beginning of a new era for the people and forests in developing countries. Northern governments, investors of all ilk and traders of all hues will inspect and vie for forest lands, negotiating, luring and potentially bribing developing country governments – who still lay claim to most forests – to make deals. The era of forest as hinterland is over. Forests will remain remote, but they will be carved up, controlled and used as global political bargaining chips like never before. Work to strengthen local rights, local organisations, and governance is more relevant, and urgent, than ever.

This article is a summary of an original report by the Rights and Resources Initiative, co-authored by Liz Alden Wily, David Rhodes, Madhu Sarin, Mina Setra and Phil Shearman. It is used here with permission.

Homepage image by Erwyn van der Meer

Olivia Boyd: Six months ago, you launched a report urging the British government to speed up its carbon capture and storage (CCS) programme. How much progress has there been since then?

Geoff French: I`m not convinced that things have moved on much. Our government has said it wants to fund four trial projects to be phased in from 2014. But, to the best of my knowledge, only two candidates have come forward, both in Scotland. One is in Fife and one is in Hunterston. [German utility] E.ON also has a proposed plant at Kingsnorth in Kent, but has said it will delay an investment for up to two to three years, based on the global recession.

Given what the country has pledged to achieve by 2020 and 2050 in terms of emissions cuts, the Institution of Civil Engineers (ICE) has been trying to encourage ministers to move forward with a bit more urgency on this. We want government to support industry, we want the results to be produced as quickly as possible and we want carbon-pricing regulations that support the behaviour we need, irrespective of the fact that it will undoubtedly make energy more expensive – that`s just something we have to accept.

OB: Assuming all of that did happen, what would be a reasonable timescale in which to expect commercial-scale CCS to be implemented widely? People talk about new technologies taking 30 years to get established. Need it take that long?

GF: I would like to think it doesn`t have to take that long. But, realistically, it will be 20 years before it is widespread. If we are only now talking about implementing pilot schemes, it will probably be the late 2010s or 2020 before we get those up and running. And, after that, we need to scale up – to go from proving it works to implementing it on a mass scale.

That needs to happen as quickly as possible and we shouldn`t wait around to get a perfect solution. If we come up with a half reasonable idea, we should be implementing it and then improving it later. When Henry Ford made the first mass-produced car, which did all of 10 miles to the gallon, people didn`t sit around and say “Good idea Henry but come back in 50 years time when you`ve got the fuel consumption up to 40 miles a gallon.” The concept of grasping what you can and continually making improvements is a good one.

China is very good at that. It has really demonstrated an ability to take ideas and plans from concept to implementation much more quickly than we have in the west. The Olympics is one example. The implementation of a high-speed rail network is another. Whatever you can think of, the Chinese have done it at a scale and speed, which, frankly, the United Kingdom can only imagine. So I would have thought, for China in particular, there is an opportunity here.

OB: Other regions including North America and the Middle East seem to be pushing ahead with CCS more quickly than Britain. What`s the reason for that?

GF: It seems to me that some of the other countries have different drivers. Canada has implemented a bit of CCS but it had a vested interest because it was using the carbon dioxide it was pumping back into the ground to enhance oil and gas production. In the Middle East, there is some CCS but it is actually being used to reduce the carbon-dioxide content in the natural gas that`s coming out of the ground – they have to get rid of the carbon dioxide before they can sell it. So there`s a vested interest. This is an important point because, unless you can arrive at a situation where you`ve got the economic drivers encouraging the behaviour you want, you are trying to push water uphill.

Regulation can help with that. The European Union has said that, from 2013, permanently stored carbon dioxide will be considered “not emitted” under its revised Emissions Trading Scheme. That sounds like a fairly simple thing. But actually, if you`re going to start carbon trading, it`s a huge step forward – suddenly you`ve got a big incentive. Take waste management as an example. Recycling and waste-to-energy plants in Europe are much more common than in the United States, by a degree of magnitude. And when you get down to it, it`s actually the regulations that have been put in place – landfill tax or other regulations – which have affected behaviour.

OB: The UK recognised the potential of CCS very early and was the first country to launch a competition to build a full-scale system. But that programme is now running years behind schedule. What has gone wrong and what lessons are there for other countries?

GF: I think there is a slight mismatch between the stated intentions, which are very good, and doing the things that will actually encourage people to come forward with these schemes. That partly comes down to carbon pricing. People can see that CCS is a good thing and that it is required in the long-term. But they would rather do it if there was an economic benefit and the economic benefit depends on there being a carbon price with a sensible floor level. We don`t want a carbon price that fluctuates wildly and we certainly don`t want a carbon price that can float back to zero, because then there`s no economic driver.

That thought tends to send people into wild panics about distorting the free market but there is no way around it. You can`t have a situation where you invest in something now because you think the carbon price is going to be at one level and then the price plummets because of some technical issue. If you`re faced with that uncertainty and you`re a commercial business, why invest? It seems to me that, if Europe can come together to tell Greece what to do to stabilise the eurozone, it shouldn`t be beyond their wits to come together to sort out a carbon price.

OB: What else would you like to see from government at this point?

GF: We need a more realistic roadmap for CCS development in this country. We can`t keep having targets that don`t get met. Of course you have to set stretching targets but, if they go too far, they become counter-productive. People just say “that`s impossible” and you lose all the drive.

If necessary, I would also like to see more financial help to try to get some of these pilot projects started as quickly as possible. That`s politically difficult at the moment but, if you believe that climate change is a universal problem that needs to be addressed, then it`s a pretty good place to choose to put your money.

OB: I`ve heard the argument put forward in the United Kingdom that CCS is an expensive distraction and government should instead be focusing public funds on nuclear new-build, a programme that is currently being left to the private sector. Do you think that argument is at all justified?

GF: There`s more justification for that argument in the United Kingdom than there is in, say, India or China, where 70% of the power comes from coal. Here, it is around 30% of our electricity. But that is still a significant chunk. I think our energy policy should be diversified. I`m not a great fan of nuclear because of what it leaves behind but I don`t see any other option if we are to reduce our dependence on fossil fuels. I`m very much in favour of renewables but even when you take into account all of the installations that can sensibly be put in, it`s not enough – you need something else. And nuclear is the only thing I can see that can fill that gap.

However, we will still be using fossil fuels for some time and so we have got to do CCS as well. I don`t think we can afford to ignore one important aspect. It is better if our energy supply is diversified and not too reliant on one sector.

OB: How much room is there for international collaboration on CCS?

GF: Enormous room. It has almost become a clich%26eacute; but we are all affected by each other`s pollution so the response needs to be international. The issues are global and the opportunities are global.

Input from China will be vital, I think. In global climate talks and elsewhere, China is beginning, quite rightly, to exert its muscle, to make its voice heard. With that position comes responsibility. China has demonstrated a fantastic ability to convert ideas and concepts into reality. It has done it primarily for the economic wellbeing of its people and its succeeding incredibly well. But I would argue that it`s time to extend that into environmental wellbeing. We need the biggest contributors of carbon dioxide, the biggest nations and the biggest users of fossil fuels to stand up and really be counted on this one.

Olivia Boyd is assistant editor at chinadialogue.

Geoff French is vice president of the Institution of Civil Engineers, vice president of the International Federation of Consulting Engineers and chairman of Scott Wilson.

Homepage image from Scott Wilson Group

The Great Barrier Reef — the world`s largest coral reef and the only living thing on earth visible from space – is one of Australia`s great natural gifts. It is home to an abundance of marine life and known for its thousands of individual reef systems, coral cays and hundreds of tropical isles.

Reefs are important ecologically, economically and socially. In many parts of the developing tropical world, coastal communities depend primarily on them for food and protection from storm-generated waves. In Australia, the Great Barrier Reef (GBR) generates billions of dollars annually, mainly from tourism. “The whole nation is proud of it,” says Graeme Kelleher, who served for many years as chairman and chief executive officer of the Great Barrier Reef Marine Park Authority.

“Ecologically, the GBR protects most of the Queensland coast — more than 2,200 kilometres — from erosion and the destructive effects of storms,” Kelleher explains. “The biological diversity of the GBR is very high — more than 350 species of reef-building corals and more than 1,500 species of fish. It is regarded internationally as one of the best-protected reefs in the world, being enclosed in a World Heritage Area and the Great Barrier Reef Marine Park.”

“The Great Barrier Reef contains many outstanding examples of important and significant natural habitats for in situ conservation of species of conservation significance,” added Kelleher, who is also a former vice-chairman of the International Union for Conservation of Nature (IUCN) World Commission on Protected Areas. “It contains more than 2,900 individual reefs, covering more than 24,000 square kilometres, as well as about 980 islands.”

In the wake of the grounding of the Chinese coal-carrier Shen Neng 1 on the reef`s Douglas Shoal earlier this month, Australia announced that it would extend a satellite ship-tracking system to cover all of the massive reef, to reduce the risk such an incident occurring again. The system, currently in place for most of the GBR, would be extended south, Agence France-Presse said, and would force all ships to report their positions for tracking. The change must be ratified by the International Maritime Organisation, however, because much of the area is outside Australia`s territorial waters.

Until then, Australian transport minister Anthony Albanese said, safety agencies “will begin rolling out the infrastructure necessary to support the reporting system, such as sensors, communications equipment and modified navigational software. By beginning this work now, our authorities will be fully ready for the start of mandatory reporting in July 2011.”

In the Shen Neng 1 accident, oil spillage from the now-refloated ship`s tanks appears to be relatively minimal, with the greatest damage coming in the form of a three-kilometre-long scar gouged into the coral – and possible additional damage from the vessel`s paint.

The environmental scare, however, has heightened the urgency of efforts to ensure that ships can safely negotiate the Great Barrier Reef`s sensitive waters. “The key thing that we see is needed alongside this tracking system is to have pilots onboard every large ship that traverses the Great Barrier Reef World Heritage area,” the BBC quoted Richard Leck of WWF Australia as saying. Such professional navigators, he said, can prevent accidents. “Most of the incidents that occur within the World Heritage area are due to human error.”

Kelleher sees long-term benefit from the Chinese ship incident “in that without doubt, specific action will now be taken to ensure that large vessels in the future will be forced to navigate through the reef in even closer accordance with the very strict rules than is normal nowadays. It needs to be recognised that those rules are enforced strictly now.”

“This accident is without doubt a major navigational error,” Kelleher added. “A lateral error of 12 kilometres in navigation is really bad and unusual. I support the idea of large vessels carrying toxic cargo through the Great Barrier Reef being required by law to be guided by a specialised marine pilot in charge.”

On 11 June 1770, six weeks or so after becoming the first European to make landfall on the east coast of Australia, Lieutenant James Cook unexpectedly ran aground. His ship, the Endeavour, had struck a reef now known as the Endeavour Reef, within a manifestly far bigger reef system, nearly 40 kilometres from shore. Only the urgent jettisoning of 50 tonnes of stores and equipment (including all but four of the ship`s guns), a delicate operation known as fothering (in which an old sail was drawn under the hull, effectively plugging the hole), Cook`s expert seamanship and a great deal of hard pumping saved the vessel and her crew.

It would be another 30-odd years before the great English explorer and cartographer Matthew Flinders, having circumnavigated the entirety of Terra Australis Incognita, the Unknown Southern Land, gave the vast reef system its name. But despite his astonishing success in charting a safe passage through its treacherous waters, mainly by the expedient of sending small boats ahead to sound the depths, Flinders himself was later stranded on it while heading home for England in 1803.

For nearly 250 years, the Great Barrier Reef has been a hazard to shipping. It is the world’s largest reef system, made up of more than 2,900 coral reefs and 900 islands scattered over 344,400 square kilometres off the coast of Queensland in north-east Australia. Covering an area bigger than the United Kingdom, it is also a priceless and unimaginably fragile world heritage site, home to 30 species of whales, dolphins and porpoises; six species of sea turtles; 125 species of shark, stingray and skate; 5,000 species of mollusc; nine species of seahorse; 215 species of birds; 17 species of sea snake; 2,195 known plant species and more than 1,500 species of fish.

And it is still a hazard to shipping. In recent years, its pristine waters, in theory protected by the statutes of the Great Barrier Reef Marine Park, have become known as the “coal highway”, a busy thoroughfare for foreign-owned bulk carriers bound for Asia. Laden with coal and fuel oil from Australia, thousands of ships — such as the Chinese-owned Shen Neng 1, which ran aground off the country`s eastern seaboard on April 3 — continue to jeopardise the largest marine conservation site in the world. As salvage teams worked to prevent disaster, environmentalists were not slow to accuse the government of turning a blind eye to the problem.

“This is the $60-billion-a-year, largely foreign-owned coal industry that is making a coal highway out of the Great Barrier Reef,” said Bob Brown, leader of the Australian Greens party. “There needs to be a radical overview of this huge coal-export industry, whether these ships need to use the reef at all, and what the alternatives are,” he said. Local fishermen have dubbed it the “reef rat run”, saying ships routinely take short cuts to save time and money on their voyage to China.

It was this so-called short cut, near the Douglas Shoal, off Rockhampton, that is believed to have caused the Shen Neng 1 accident. According to reports, the 230-metre-long ship, carrying 975 tonnes of heavy fuel oil and 65,000 tonnes of coal, was travelling at full speed when it hit a sandbank in a protected part of the Great Barrier Reef. Its fuel tank ruptured, causing a three-kilometre-long oil slick.

[After the vessel was refloated on April 12, the Great Barrier Reef Marine Park Authority`s senior scientist, David Wachenfeld, said the ship had gouged a channel about three kilometres long in the reef.]

The Queensland premier, Anna Bligh, has said the ship`s owner, Shenzhen Energy – which allegedly has been involved in three major international incidents in four years – could face a fine of up to one million Australian dollars (nearly US$930,000) for straying from a shipping lane that is currently used by some 6,000 cargo vessels each year.

The stricken ship was travelling to China from Gladstone, a port playing a growing role in the booming export trade of Australia`s natural resources to Asia. The incident follows a similar accident in March last year when 60 kilometres of Queensland`s south-east coast were declared a disaster area after 42 tonnes of oil spilled into the ocean from the MV Pacific Adventurer during a cyclone.

Conservationists say the fact that there is no legal requirement to have marine pilots on board ships in the area, to guide them safely through the 2,500-kilometre reef system, puts it in grave danger. “The current lack of safeguards around shipping in the Great Barrier Reef is akin to playing Russian roulette with one of the world`s most treasured natural icons,” says Gilly Llewellyn, the conservation director of WWF Australia, who called for ships to be piloted. She also wants improved monitoring systems so authorities know where large vessels are situated on the reef at all times.

The Australasian Marine Pilots Institute (AMPI), the organising body for Australia`s marine pilots, says the grounding of the Shen Neng 1 should focus attention on the lack of protection Australia`s maritime regulations afford the reef. An Australian maritime law expert, Peter Glover, says public opinion and government legislative reaction to marine pollution by commercial shipping in the Great Barrier Reef have got noticeably tougher since 1996, when the Panamanian-flagged vessel Peacock, en route from Singapore to New Zealand via the inner route of the Great Barrier Reef, ran aground on Piper Reef. The ship was carrying approximately 605 tonnes of bunker heavy fuel oil, and its owners were not even prosecuted.

Following the grounding of the 22,000-tonne Malaysian-flagged container vessel Bunga Teratai Satu on Sudbury Reef in 2001, legislative changes were introduced to allow both state and Commonwealth authorities to prosecute those who pollute in the waters surrounding the reef.

Those changes were put to the test almost immediately in the wake of another potentially catastrophic grounding the following year, of the Greek-flagged bulk carrier Doric Chariot. But Peter Glover believes it still “remains to be seen %26hellip; how effective legislative changes are in addressing the prosecution of individuals responsible for causing damage” in the reef.

Inspecting the scene from the air, Australia`s prime minister, Kevin Rudd, expressed concern that the Shen Neng 1, balancing precariously in the crystal-clear waters, had strayed so far from official shipping lanes. “From where I see it, it is outrageous that any vessel could find itself 12 kilometres off-course, it seems, in the Great Barrier Reef,” Rudd told reporters in tropical Queensland, where the reef park is a major tourist draw. He pledged an overhaul of measures to protect the Great Barrier Reef from any future environmental disasters. “There is no greater natural asset for Australia than the Great Barrier Reef,” he said.

But maritime traffic through the Great Barrier Reef is projected only to increase, with contracts reportedly signed for the export of US$60 billion worth of liquefied natural gas from coal seams as shrinking resources spur energy companies to turn to unconventional gas reserves to feed Asian demand. Work is under way to expand the port of Gladstone in Queensland to lift capacity by up to 25 million tonnes a year, driven by surging demand from Japan, South Korea, India and China.

Local fishermen fear any increase in traffic will put Australia`s most precious environmental asset at further risk. “We see ships through there every day,” Graham Scott, who has been fishing and chartering boats on the reef for 40 years, told the Sydney Morning Herald. “We see many, many boats within 15 miles [24 kilometres] of that spot [where the Shen Neng 1 grounded]. One or two boats a day, every time we`re out. We`ve assumed in the past that they`re not coal boats, because what would a coal boat be doing there?”

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