SAMR of China Issues Provisions on Prohibiting Abuse of IP Rights to Eliminate or Restrict Competition
On 29 June 2023, the revised Provisions on Prohibiting Abuse of Intellectual Property Rights to Eliminate or Restrict Competition ("the Provisions") were issued by the State Administration for Market Regulation (SAMR) of China. The Provisions will come into force on 1 August 2023.
The Provisions, containing 33 articles, were amended with a view to implementing the revised Anti-Monopoly Law of China (effective on 1 August 2022), reinforcing intellectual property (IP)-related anti-monopoly enforcement, and preventing and curbing the abuse of IP rights to eliminate or restrict competition. The amendments mainly supplement and refine the existing Chinese IP-related anti-monopoly provisions on three fronts, namely, typical IP-related monopolistic conducts as related to patent pools, formulation and implementation of standards, and standard essential patents (SEP); abuse of dominant market position; and concentration of business operators.
Related link: Provisions on Prohibiting Abuse of Intellectual Property Rights to Eliminate or Restrict Competition (Chinese version)
