State Administration for Market Regulation, Provisions for the Prohibition of the Abuse of Intellectual Property to Eliminate or Restrict Competition (Draft for Comments)

国家市场监督管理总局禁止滥用知识产权排除、限制竞争行为规定 (征求意见稿)

July 29, 2022 | BY

Susan Mok

SAMR defines the relevant product market for antitrust involving IP

Issued: June 27, 2022

Main contents: In the course of anti-monopoly law enforcement work involving intellectual property licensing, etc., the relevant product market may be the technology market, the market of products containing specific intellectual property or may involve the innovation (research and development) market.

The term "relevant technology market" means the market constituted by a group or class of technologies that are relatively substitutable closely. The term "relevant innovation (research and development) market" means the market formed by competition in researching and developing future new technologies or new products between business operators (Article 4).

This premium content is reserved for
China Law & Practice Subscribers.

  • A database of over 3,000 essential documents including key PRC legislation translated into English
  • A choice of newsletters to alert you to changes affecting your business including sector specific updates
  • Premium access to the mobile optimized site for timely analysis that guides you through China's ever-changing business environment
For enterprise-wide or corporate enquiries, please contact our experienced Sales Professionals at +44 (0)203 868 7546 or [email protected]