State Administration for Market Regulation released the Provisions on Prohibiting the Abuse of Intellectual Property Rights to Exclude and Restrict Competition Draft. The draft is meant to implement Anti-Monopoly Law, strengthens legal liability, and regulations on abuse
In China, the abuse of IP rights to exclude and restrict competition is not an independent monopolistic behaviour, but must follow the general analysis framework under China’s Antimonopoly Law.
In China, the abuse of IP rights to exclude and restrict competition is not an independent monopolistic behaviour, but must follow the general analysis framework under China’s Antimonopoly Law.
中国颁布阻断立法应对外国法律不当域外实施
As the first departmental legislation of the Ministry of Commerce (MOC) in 2021, Rules on Counteracting Unjustified Extraterritorial Application of Foreign Legislation and Other Measures (Blocking Rules) were published with immediate effect beginning Jan. 9, 2021. Given the trade, technology, and even diplomacy tensions between the United States and China, a series of legislations were promulgated starting in the second half of 2020. Apart from the Blocking Rules, the MOC also issued the Provisions on the List of Unreliable Entities on Sept. 19, 2020, and the National People’s Congress issued the Export Control Law on Oct. 17, 2020. These new laws set out a preliminary framework for China’s trade compliance regime. However, given the brevity of the 16-article Blocking Rules, clarification is needed in subsequent implementation.