China’s IP Antitrust Guidelines Released to the Public

Published date26 August 2020
Date26 August 2020
Subject MatterCorporate Law
2020/9/9 China’s IP Antitrust Guidelines Released to the Public | China Law Insight 1/12
China’s IP Antitrust Guidelines Released to the
By King & Wood Mallesons on August 26, 2020
Written byCheng LiuAudrey LiNick Torres
Corporate & Commercial Group KWM Office
Recently, the Anti-Monopoly Guidelines for the Intellectual Property (“IP Guidelines”) was
published in the Collection of Antitrust Regulations and Guidelines in 2019 released by
the Anti-Monopoly Bureau of the State Administration for Market Regulation (“SAMR”).
Previously, the National Development & Reform Committee (“NDRC”), Ministry of
Commerce (“MOFCOM”), State Administration of Industry and Commerce (“SAIC”) and
the State Intellectual Property Office were designated by the Anti-Monopoly Committee of
the State Council (“AMC”) to prepare drafts of the anti-monopoly guidelines on the abuse
of intellectual property. In February 2017, the Anti-Monopoly Guidelines on the Abuse of
Intellectual Property (Draft for Comments) (“Draft for Comments”) was completed based
upon the aforementioned four drafts and was issued for public comment. On January 4,
2019, with the approval of the AMC, the IP Guidelines was officially promulgated.

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