Anti-Monopoly Law Boosts Proper Protection of IPR, Curbs Misuse

After 13 years of drafting and revision, the Anti-Monopoly Law was passed by the 29th Session of the 10th Standing Committee of the National People's Congress (NPC), China's top legislature, on August 30, with 150 yeas and 2 abstains. Dubbed Constitution of Economy, the Law protects IPRs and denies misuses.

The law, with eight chapters and 57 provisions, bans monopolistic behaviors, such as excluding and restraining competition by invoking administrative power, and provides for the investigation and prosecution of monopolistic practices. Article 55 prescribes that this law shall not apply to business operators' behaviors in IPR which are in consistent with related IPR laws, administrative laws and regulations, but shall apply to those behaviors of abusing IPRs in an attempt to exclude and restrain competitions.