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The Regulations on Prohibiting the Abuse of Intellectual Property Rights to Exclude and Restrict Competition shall come into effect from August 1, 2023!

The State Administration for Market Regulation of the China revised and issued the Provisions on Prohibiting the Abuse of Intellectual Property Rights to Eliminate and Restrict Competition, which will be officially implemented on August 1, 2023. This regulation is formulated to encourage innovation, maintain a fair competition market order in the field of intellectual property, assist in the construction of a unified national market and a strong IP system. It took into account the new situation and problem of antitrust supervision and law enforcement in recent years.


The key areas have been modified and improved in the following aspects.


1. One is to expand the connotation of "abusing intellectual property rights to exclude and restrict competitive behavior".

2. The second is to improve the recognition rules for monopolistic behavior through the exercise of intellectual property rights.

3. The third is to strengthen the regulation of typical and special monopolistic behaviors in the field of intellectual property.

The State Administration for Market Regulation will coordinate the protection of intellectual property rights, antitrust and other work, promote the independent and orderly flow and efficient allocation of innovative factors, and effectively maintain a fair competition market order.