The State Administration for Market Regulation (SAMR) released on March 26, 2020, its annual legislative plan for 2020. The plan is divided into two sections – Laws & Administrative Regulations and Departmental Rules. The plan lists a total of 55 legislative projects slated for drafting and/or revision including 7 Laws & Administrative Regulations and 48 Departmental Rules.

The SAMR is to draft the “Anti-Monopoly Law”, “Product Quality Law”, “Commercial Registration Regulations”, “Rules for the Market Regulation Stations[1]”, “Regulations on Certification and Accreditation”, “Regulations for Implementation of the Drug Administration Law”, as well as the “Rules for the Implementation of the Patent Law”, supposedly to be submitted to the State Council during an unspecified timeframe for consideration.

The plan divides the remaining 48 legislative projects into two categories: 1) those with a completion deadline of June 30, 2020, with 31 drafts scheduled to be completed for further review by that date; and 2) those without a concrete completion deadline.

Projects which are time-sensitive include, inter alia, “Implementing Measures for the Administration of Business Name Registration”, “Interim Regulations on the Scrutinization over Concentration of Operators”, “Several Regulations Concerning the Prohibition over the Infringement of Trade Secrets”, “Measures for the Supervision and Administration of Internet Transactions”, “Measures for the Administration of Trademark Agencies”, “Provisions for the Protection of Products of Geographical Indications” and the “Measures for the Protection of Official Signs”.

“Certain Provisions on Prohibiting Unfair Competition Acts of Passing off the Peculiar Name, Packaging and Trade Dress of Famous Commodities”, “Provisions on Recognition and Protection of Well-known Trademarks” as well as “Measures on the Registration and Administration of Collective Trademarks and Certification Trademarks” are among the 17 projects without concrete deadlines.

The release of the legislative plan suggests the agency’s effort towards higher level of transparency.

Contributed by: Jiang Nan