Wednesday, August 16 2023   \  Published by Mondaq.

China: The Amended Provisions On Prohibiting The Abuse Of Intellectual Property Rights To Exclude Or Restrict Competition Promulgated On August 1, 2023

China: The Amended Provisions On Prohibiting The Abuse Of Intellectual Property Rights To Exclude Or Restrict Competition Promulgated On August 1, 2023

The amended Provisions on Prohibiting the Abuse of Intellectual Property Rights to Exclude or Restrict Competition (hereinafter referred to as the 'Provisions') published by China's State Administration for Market Regulation ("SAMR") has come into force from August 1, 2023. The purpose of the amendments is to encourage innovation, to maintain the market order of fair competition in the field of intellectual property, and to contribute to the construction of a unified national market, according to the SAMR.

The Provisions strike to balance the protection of intellectual property and the maintenance of fair competition order, by referring to the major and difficult anti-monopoly issues in the field of intellectual property, for the purpose of strengthening the guidance of rules, and promoting fair competition and innovative development. Compared with the Provisions on Prohibiting the Abuse of Intellectual Property Rights to Exclude or Restrict Competition formulated in 2015, amendments have been made in the following aspects: Read more

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