Since its implementation in 2022, the Regulation of the Hainan Free Trade Port on the Protection of Intellectual Property Rights,has significantly bolstered legal safeguards for intellectual property rights within the development of Hainan FTP, as highlighted in a news conference in the province on April 18.

One notable innovation introduced by the Regulation is the preliminary injunction rule, which allows rights holders to take prompt action against suspected infringements. This mechanism makes room for measures such as product seizure and detention preemptively, providing an effective tool for tackling IP violations, especially in cross-border e-commerce.

A pioneering aspect of the Regulation is the explicit delineation of six prohibited acts that infringe on geographical indications, providing law enforcement with a solid legal basis to handle such cases, including defining qualifications and punishments.

For instance, in August 2023, the Longhua branch of Haikou's market supervision bureau applied this framework to address a case involving the unauthorized use of the Longkou vermicelli geographical indication, which was later recognized as a key national administrative protection example in 2024.

The Regulation also mandates exhibition organizers to manage intellectual property effectively. The Hainan Provincial Intellectual Property Office, in collaboration with relevant departments, has consistently supported the China International Consumer Products Expo. Over five expo sessions, 110 potential intellectual property disputes  were resolved on-site, enhancing awareness of intellectual property protection among stakeholders and fostering a sound environment for safeguarding intellectual property at exhibitions.

Furthermore, the Regulation includes provisions for intellectual property rights mediation, which has significantly boosted mediation efforts in Hainan. Local authorities have established mechanisms like intellectual property mediation and judicial confirmation, integration of mediation and trial and mediation priority referral. By 2024, the province had 24 intellectual property mediation organizations that handled 2,013 disputes, resulting in 563 successful mediation cases and 119 judicial confirmations between 2022 and 2024.

The Regulation also mandates judicial and administrative departments to establish and enhance the technical investigation officer system. The Hainan Provincial Intellectual Property Office has introduced management measures by appointing 28 technical investigation officers in the administrative protection sector. Over the past two years, they have provided technical investigation opinions and mediation consultations for 32 patent infringement cases. In 2024, full-time technical investigation officers at the Hainan Free Trade Port Intellectual Property Court delivered detailed technical investigation opinions for five cases, enhancing the quality and efficiency of technical case trials.

Source: Hainan Provincial Department of Business Environment Development