SAMR Issues Provisions On The Prohibition Of Abuse Of Intellectual Property Rights To Exclude And Restrict Competition

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To implement the amended Anti-Monopoly Law of the People's Republic of China ("Anti- Monopoly Law"), enhance and improve anti-monopoly law enforcement in the intellectual property field...
China Intellectual Property
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To implement the amended Anti-Monopoly Law of the People's Republic of China ("Anti- Monopoly Law"), enhance and improve anti-monopoly law enforcement in the intellectual property field, and effectively prevent and curb abuse of intellectual property rights to exclude and restrict competition, China's State Administration for Market Regulation (SAMR) issued an order (SAMR Order No. 31) to amend the Provisions on the Prohibition of Abuse of Intellectual Property Rights to Exclude and Restrict Competition and released the new Provisions on June 29, 2023. The new Provisions will take effect on August 1, 2023 and at the same time the previous Provisions issued as Order No. 74 by the former State Administration for Industry and Commerce on April 7, 2015 will be abolished.

The new Provisions mainly involve the following three aspects: (1) enhancing anti-monopoly regulation and protecting intellectual property rights; (2) maintaining fair competition and promoting innovation development; and (3) protecting the development benefits of intellectual property right holders and exploiters.

See the following link for the original text of the new Provisions:

https://www.samr.gov.cn/zw/zfxxgk/fdzdgknr/fgs/art/2023/art_e155397fbe5c4c05ad3c1838c1322ad2.html

AFD China Newsletter is intended to provide our clients and business partners information only. The information provided on the newsletter should not be considered as professional advice, and should not form the basis of any business decisions.

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