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Anti-Monopoly Law Of China
The Anti-Monopoly Law of China () is the main legal statute that regulates competition law in the People's Republic of China. The National People's Congress passed it in 2007 and it came into effect on 1 August 2008. The Anti-Monopoly Law provides a basis for investigating unreasonable intellectual property licensing fees. History China's first comprehensive antitrust law was the Anti-Monopoly law which was passed in 2007 and became effective in 2008. In June 2022, the final version of the revised Anti-Monopoly Law (AML) was released by the Standing Committee of the National People's Congress (NPCSC) of China. It specifically targets anti-competitive behavior facilitated by the application of technology, significantly increases the maximum fines for violations, and aims to prevent abuses by administrative organizations. Enforcement Before 2018, regulatory power for enforcing the Anti-Monopoly Law was split between the Ministry of Commerce (which regulated mergers), the Natio ...
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Competition Law
Competition law is the field of law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. Competition law is implemented through public and private enforcement. It is also known as antitrust law (or just antitrust), anti-monopoly law, and trade practices law; the act of pushing for antitrust measures or attacking monopolistic companies (known as trusts) is commonly known as trust busting. The history of competition law reaches back to the Roman Empire. The business practices of market traders, guilds and governments have always been subject to scrutiny, and sometimes severe sanctions. Since the 20th century, competition law has become global. The two largest and most influential systems of competition regulation are United States antitrust law and European Union competition law. National and regional competition authorities across the world have formed international support and enforcement networks. Modern competition law ...
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National People's Congress
The National People's Congress (NPC) is the highest organ of state power of the People's Republic of China (PRC). The NPC is the only branch of government in China, and per the principle of unified power, all state organs from the State Council to the Supreme People's Court (SPC) are subject to it. With 2,977 members in 2023, it is the largest legislative body in the world. The NPC is elected for a term of five years. It holds annual sessions every spring, usually lasting from 10 to 14 days, in the Great Hall of the People on the west side of Tiananmen Square in Beijing. Under China's Constitution, the NPC is structured as a unicameral legislature, with the power to amend the Constitution, legislate and oversee the operations of the government, and elect the major officers of the National Supervisory Commission, the Supreme People's Court, the Supreme People's Procuratorate, the Central Military Commission, and the state. Since Chinese politics functions withi ...
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Intellectual Property In China
Intellectual property rights (IPRs) have been acknowledged and protected in China since 1980. China has acceded to the major international conventions on protection of rights to intellectual property. Domestically, protection of intellectual property law has also been established by government legislation, administrative regulations, and decrees in the areas of trademark, copyright, and patent. China first began accepting foreign IP concepts when foreign countries forced the Qing dynasty to accept them as part of the bilateral treaties that followed the Boxer Protocol. The early People's Republic of China abolished the statutes enacted by China's Nationalist government and adopted an approach to copyright, trademark, and patent issues more consistent with the model of the Soviet Union. Chinese policymakers became interested in integrating into the global IP framework as the government sought to import more technology in the 1970s. In the 1980s, China began to join internationa ...
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Competition Law
Competition law is the field of law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. Competition law is implemented through public and private enforcement. It is also known as antitrust law (or just antitrust), anti-monopoly law, and trade practices law; the act of pushing for antitrust measures or attacking monopolistic companies (known as trusts) is commonly known as trust busting. The history of competition law reaches back to the Roman Empire. The business practices of market traders, guilds and governments have always been subject to scrutiny, and sometimes severe sanctions. Since the 20th century, competition law has become global. The two largest and most influential systems of competition regulation are United States antitrust law and European Union competition law. National and regional competition authorities across the world have formed international support and enforcement networks. Modern competition law ...
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Oxford University Press
Oxford University Press (OUP) is the publishing house of the University of Oxford. It is the largest university press in the world. Its first book was printed in Oxford in 1478, with the Press officially granted the legal right to print books by decree in 1586. It is the second-oldest university press after Cambridge University Press, which was founded in 1534. It is a department of the University of Oxford. It is governed by a group of 15 academics, the Delegates of the Press, appointed by the Vice Chancellor, vice-chancellor of the University of Oxford. The Delegates of the Press are led by the Secretary to the Delegates, who serves as OUP's chief executive and as its major representative on other university bodies. Oxford University Press has had a similar governance structure since the 17th century. The press is located on Walton Street, Oxford, Walton Street, Oxford, opposite Somerville College, Oxford, Somerville College, in the inner suburb of Jericho, Oxford, Jericho. ...
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Ministry Of Commerce (China)
The Ministry of Commerce (MOFCOM) is an Ministries of the People's Republic of China, executive department of the State Council of the People's Republic of China responsible for formulating policies on foreign trade, export and import regulations, foreign direct investments, consumer protection, market competition (competition regulator), and negotiating bilateral and multilateral trade agreements. It is the 20th-ranked department of the State Council. The current minister is Wang Wentao. History In November 1949, a month after the People's Republic of China was established, the Chinese Communist Party formed the Ministry of Trade (贸易部) while the MOEA continued to operate in Free area of the Republic of China, Taiwan and several other islands. In August 1952, the Ministry was renamed to Ministry of Foreign Trade (对外贸易部). Ye Jizhuang was the first Minister and died in the post in 1967. In March 1982, the Ministry of Foreign Trade was merged with the Ministry ...
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National Development And Reform Commission
The National Development and Reform Commission (NDRC) is the third-ranked executive department of the State Council of the People's Republic of China, which functions as a macroeconomic management agency. Established as the State Planning Commission, the NDRC has broad administrative and planning control over the economy of mainland China, and has a reputation of being the "mini-state council". History The body was first established in November 1952 as the State Planning Commission of the Central People's Government. It was modeled after Gosplan. Gao Gang was its first director. In 1954, it was transformed to the State Planning Commission of the People's Republic of China. The NDRC's functions are to study and formulate policies for economic and social development, maintain the balance of economic development, and to guide restructuring of the economic system of mainland China. In March 1998, the commission was renamed into the State Development Planning Commission. It ...
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State Administration For Industry And Commerce
The State Administration for Industry and Commerce (SAIC; ) was the authority in the People's Republic of China responsible for advancing legislation concerning the administration of industry and commerce in the People's Republic. On a local level, the organizations responsibilities roughly mimicked those of the secretaries of individual states in the United States as a registration and licensing authority. The last minister was Zhang Mao (). History The SAIC was merged into the newly created State Administration for Market Regulation in March 2018 as part of the deepening the reform of the Party and state institutions. Administration The agency was organized into the following divisions: *General Office *Department of Law *Antimonopoly and Anti-unfair Competition Enforcement Bureau *Direct Selling Regulation Bureau *Consumer Protection Bureau *Department of Market Regulation *Regulation Department for Market Circulation of Food *Enterprise Registration Bureau *Bureau for Re ...
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State Administration For Market Regulation
The State Administration for Market Regulation (SAMR; ) is a ministerial-level agency directly under the State Council of the People's Republic of China responsible for market supervision and management. SAMR was established in 2018. It is China's primary antitrust regulator. History The Administration was created as part of the deepening the reform of the Party and state institutions, and merged or abolished a number of previous agencies, such as the State Intellectual Property Office. SAMR was created under the banner of the Central Comprehensively Deepening Reforms Commission under Xi Jinping, current General Secretary of the Chinese Communist Party. The Administration consolidates in one ministry the market regulation functions previously shared by three separate agencies, the General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ), the China Food and Drug Administration (CFDA), and the State Administration of Industry and Commerce (SAIC). In ...
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Qualcomm
Qualcomm Incorporated () is an American multinational corporation headquartered in San Diego, California, and Delaware General Corporation Law, incorporated in Delaware. It creates semiconductors, software and services related to wireless technology. It owns patents critical to the 5G, 4G, CDMA2000, TD-SCDMA and WCDMA mobile communications standards. Qualcomm was established in 1985 by Irwin M. Jacobs, Irwin Jacobs and six other co-founders. Its early research into CDMA wireless cell phone technology was funded by selling a two-way mobile digital satellite communications system known as Omnitracs. After a heated debate in the wireless industry, CDMA was adopted as a 2G standard in North America, with Qualcomm's patents incorporated. Afterwards, there was a series of legal disputes about pricing for licensing patents required by the standard. Over the years, Qualcomm has expanded into selling semiconductor products in a predominantly fabless manufacturing model. It also develope ...
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Palgrave Macmillan
Palgrave Macmillan is a British academic and trade publishing company headquartered in the London Borough of Camden. Its programme includes textbooks, journals, monographs, professional and reference works in print and online. It maintains offices in London, New York City, New York, Shanghai, Melbourne, Sydney, Hong Kong, Delhi and Johannesburg. Palgrave Macmillan was created in 2000 when St. Martin's Press in the US united with Macmillan Publishers in the UK to combine their worldwide academic publishing operations. The company was known simply as Palgrave until 2002, but has since been known as Palgrave Macmillan. It is a subsidiary of Springer Nature. Until 2015, it was part of the Macmillan Publishers, Macmillan Group and therefore wholly owned by the German publishing company Holtzbrinck Publishing Group (which still owns a controlling interest in Springer Nature). As part of Macmillan, it was headquartered at the Macmillan campus in Kings Cross, London with other Macmilla ...
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Law Of The People's Republic Of China
The Law of the People's Republic of China, officially referred to as the socialist rule of law with Chinese characteristics, is the legal regime of China, with the separate legal traditions and systems of mainland China, Hong Kong, and Macau. China's legal system is largely a civil law system, although found its root in Great Qing Code and various historical system, largely reflecting the influence of continental European legal systems, especially the German civil law system in the 19th and early 20th centuries. Hong Kong and Macau, the two special administrative regions, although required to observe the constitution and the basic laws and the power of the National People's Congress, are able to largely maintain their legal systems from colonial times. Since the formation of the People's Republic of China in 1949, the country does not have judicial independence or judicial review as the courts do not have authority beyond what is granted to them by the National People's Cong ...
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