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ARTICLE · 05 JULY 2023

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CN Anti-Monopoly Compliance New Chapter

The SAMR announced Provisions Prohibiting Abuse of IP Rights to Exclude and Restrict Competition yesterday (29 June 2023) at the link below...

ChinaAntitrust/Competition Law

The SAMR announced Provisions Prohibiting Abuse of IP Rights to Exclude and Restrict Competition yesterday (29 June 2023) at the link below:

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

These provisions are final, and will come into force on 1 August 2023.

I have a machine English translation of these provisions.

Several observations I have:

  • Article 6 limits the "market" to "technology market" (for example the one involving standards, but please correct if my reading is incorrect), and product market. Research market seems no longer involved (if my memory is right, research market was tried to be introduced in the last draft). Much relief from me. (Does this mean that our last draft worked?)

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