INTERNATIONAL: CHINA - UNIFIED MARKET REGULATION - ANTI-MONOPOLY ENFORCEMENT - INTELLECTUAL PROPERTY LAW

China: Protection of intellectual property rights and anti-monopoly enforcement under the unified market regulation

Reforming the market regulation mechanism and implementing unified market regulation are the key links to the establishment of a modern market system that is unified, open with orderly competition. Accompanied with the foundation of the State Administration for Market Regulation, both China’s anti-monopoly enforcement agencies and intellectual property rights institutions achieved their respective unification; furthermore, the two achieved unification to some extent between themselves in the entire market regulation mechanism. As to their interrelationship, basically, intellectual property rights protection and anti-monopoly enforcement are different paths that lead to the same destination and complementary to each other; the establishment of a unified market regulation mechanism will be beneficial to the achievement of coordinated development between intellectual property rights protection and anti-monopoly enforcement, and reach new achievements in related work. The formulation and implementation of China’s Anti-Monopoly Guidelines in the Field of Intellectual Property Rights by the Anti-Monopoly Commission of the State Council will further promote the coordinated development of China’s anti-monopoly and protection of intellectual property rights.

I. Integration and unification are achieved between China’s anti-monopoly enforcement agencies and intellectual property rights institutions 1. Reforming the market regulation mechanism and implementing unified market regulation are the key links to the establishment of a modern market system that is unified, open with orderly competition. According to the Plan on Deepening the Reform of Party and State Institutions issued by the Central Committee of the Communist Party of China and the Plan on Institutional Reform of the State Council adopted at the First Session of the 13th National People’s Congress in March 2018, and in order to improve the market regulation mechanism, promote the implementation of the strategy of quality power, build a faithful and honest market with fair

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  • Shanghai Jiao Tong University (Shanghai)

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Xianlin Wang, China: Protection of intellectual property rights and anti-monopoly enforcement under the unified market regulation, February 2021, Concurrences N° 1-2021, Art. N° 98174, pp. 238-246

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