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The Impacts Of The Chinese Anti-Monopoly Law On Ip Commercialization In China & General Strategies For Technology-Driven Companies And Future Regulators, Yijun Tian
Duke Law & Technology Review
After thirteen years of discussion and three revisions, China's Anti-Monopoly Law (AML) was promulgated on August 30, 2007 and has come into effect on August 1, 2008. It is the first anti-monopoly law in China and has been viewed as an "economic constitution" and a "milestone of the country’s efforts in promoting a fair competition market and cracking down on monopoly activities." However, the wording of some provisions of the AML, including the sections dealing with Intellectual Property (IP) protection, is not very clear. And juridical interpretations and more specific implementing regulations on the AML have not yet appeared. This …