The State Administration for Market Regulation (SAMR) issued (12 November) new anti-monopoly guidelines for Standard Essential Patents (SEPs) to promote fair competition and innovation in China’s rapidly growing digital economy. Known as the “Anti-monopoly Guidelines for Standard Essential Patents,” the document comprises six chapters and 22 articles that define key concepts and principles related to SEPs, provide a framework for analyzing monopoly behavior, and establish preemptive and in-process supervision rules.
In the digital age, SEPs play a crucial role in connecting products, promoting trade, and supporting economic development, as they are essential and irreplaceable components of technical standards used across various industries. With this new guidance, SAMR aims to clarify SEP-related conduct for businesses by reinforcing transparency in licensing, fostering good-faith negotiations, and preventing potentially harmful monopolistic practices. The guidelines encourage information disclosure and commitment to fair licensing terms, outlining specific behaviors to mitigate risks and provide a clear regulatory pathway.
SEPs cover a wide range of industries, including wireless communications, audiovisual media, and the Internet of Things (IoT). Given the diverse entities and complex licensing models involved, SAMR noted a “gray area” between legitimate business conduct and anti-competitive practices that pose challenges for regulators. The guidelines are intended to clarify expectations in this space, thereby reducing unpredictability for businesses and strengthening China’s anti-monopoly enforcement.
SAMR’s new SEP guidelines align China’s regulatory approach with international trends, supporting global best practices and sustainable industry growth. SAMR highlighted that a unified, fair, and regulated market environment is critical to encouraging innovation and boosting the international competitiveness of Chinese industries.
These guidelines represent an effort by the Chinese government to balance intellectual property protection with fair competition, reinforcing its commitment to high-level economic openness and improved global cooperation on SEP governance.
Source: https://www.samr.gov.cn/xw/mtjj/art/2024/art_262cfcbd612b4a7780311c1c20afecb3.html
