Q&A Regarding the China's Foreign Trade Law (5)
| Q: |
What are the consequences if imported goods infringe intellectual property rights? |
| A: |
If imported goods infringe intellectual property rights and harm the order of foreign trade, the foreign trade authority under the State Council may take measures such as prohibiting, for a certain period, the importation of relevant goods produced or sold by the infringer. |
| Q: |
What are the consequences if an intellectual property rights holder harms the fair competition order in foreign trade? |
| A: |
If an intellectual property rights holder engages in acts such as preventing licensees from challenging the validity of intellectual property in licensing contracts, imposing mandatory package licensing, or including exclusive grant-back conditions in licensing agreements — and such acts harm the fair competition order in foreign trade — the foreign trade authority under the State Council may take necessary measures to eliminate the harm. |
| Q: |
What are the consequences of engaging in unfair competition in foreign trade activities? |
| A: |
Monopolistic or unfair competitive practices carried out in foreign trade activities that harm market fairness shall be handled in accordance with the relevant laws and administrative regulations on anti-monopoly and anti-unfair competition. |
| Q: |
What acts are prohibited in foreign trade activities? |
| A: |
The following acts are prohibited in foreign trade activities:
|
| Q: |
What laws and regulations must foreign trade operators comply with? |
| A: |
Foreign trade operators shall comply with relevant provisions on customs supervision and management, foreign exchange control, data security protection, and other applicable regulations in their foreign trade activities. |

