Chinese Intellectual Property and Technology Laws

Chinese Intellectual Property and Technology Laws

Edited by Rohan Kariyawasam

Written by some of China’s leading academic experts and with a foreword by the former Chief Justice of the IP Tribunal of China’s Supreme People’s Court, this book combines for the very first time a review of both Chinese intellectual property and technology laws in a single volume in English.

Chapter 11: Anti Monopoly Law

Huang Young and Zhang Zhe

Subjects: asian studies, asian innovation and technology, asian law, innovation and technology, asian innovation, law - academic, asian law, intellectual property law, internet and technology law


Huang Young and Zhang Zhe1 11.1. INTRODUCTION It is high time to look back on the formation process of the Chinese antitrust legal system and particularly the Chinese Anti Monopoly Law (hereinafter referred to as the AML), which was promulgated on 30 August 2007 and came into effect on 1 August 2008 in the People’s Republic of China. 11.1.1. History of China’s Approach in the Area of Competition Policy 1978 is commonly recognized as a turning point in the contemporary history of China, when the Chinese central government made a strategic shift to adopt a ‘reform and opening-up’ policy. In 1980, the State Council issued the Provisional Regulation on Conducting and Protecting Socialist Competition (known as the ‘Ten Clauses of Competition’),2 which was the first-ever official document in this domain. Slowly but surely, the State Council then promulgated the Notice on Seriously Resolving the Problem of Tie-in Sale in 1986,3 the Regulation on Pricing Administration in 19874 and the Notice on Breaking Local Market Blockade and further Both of the University of International Business and Economics (UIBE). For the full text, please refer to the website of the Legislative Affairs Office of the State Council of the People’s Republic of China: cn/article/xzfg/198010/19801000125495.shtml, accessed July 2010. The Regulation was valid from 17 October 1980 until 6 October 2001. 3 See the website of the Legislative Affairs Office of the State Council of the People’s Republic of China: 19860500121981.shtml, accessed July 2010. The Notice was valid...

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