On March 30, 2026, China’s State Administration for Market Regulation (SAMR) released the Notice on Further Implementing the Anti-Unfair Competition Law of the People’s Republic of China (市场监管总局关于进一步贯彻实施《中华人民共和国反不正当竞争法》的通知). The Anti-Unfair Competition Law is used to protect trade secrets and other unregistered intellectual property (e.g., marks, artificial intelligence models, etc.). SAMR provides administrative enforcement of laws outside of the court system. Two highlights of this recent Notice include strengthening the protection of trade secrets and exploring extraterritorial enforcement of the Anti-Unfair Competition Law.
A translation of the relevant sections follow. The full text is available here (Chinese only).
(VI) Strengthening Trade Secret Protection. We must fully recognize the importance of strengthening trade secret protection under the new circumstances and regard it as a crucial measure to optimize the business environment and promote high-quality development. We will improve the rules and regulations system for trade secret protection and explore and promulgate trade secret protection laws and regulations and management standards tailored to local conditions. We will promote the construction of trade secret protection service stations, equip them with professional institutions and personnel, and continuously improve the service system. We will actively guide key industries and key enterprises to strengthen compliance management, enhance their self-protection awareness and capabilities, and effectively prevent the risk of leaks. We will accelerate the promulgation of trade secret protection standards, promote the national certification of trade secret protection management systems, and improve the standardization, normalization, and internationalization of trade secret protection in Chinese enterprises. (VII) Exploring Extraterritorial Enforcement of the Anti-Unfair Competition Law. Explore and promote the extraterritorial application of China’s anti-unfair competition law and regulations. Resolutely crack down on unfair competition practices such as false advertising, online unfair competition, commercial defamation, and infringement of trade secrets conducted overseas that disrupt domestic market competition order and harm the legitimate rights and interests of domestic businesses or consumers. This will safeguard the security of China’s industrial and supply chains and protect the interests of China and its enterprises. Actively explore extraterritorial enforcement practices, accelerate the development of a specialized team of foreign-related law enforcement personnel, and support qualified regions in conducting pilot programs. Broadly promote bilateral and multilateral international cooperation and exchanges on anti-unfair competition, proactively strengthen regular communication and project coordination with relevant international organizations, regional organizations, and countries, promote the establishment of institutionalized cooperation channels, strengthen the international dissemination of China’s experience and institutional achievements in anti-unfair competition governance, and promote the formation of more fair and transparent international competition rules.
