China’s state administration for market regulation to explore extraterritorial enforcement of anti unfair competition law
On 30 March 2026, China’s State Administration for Market Regulation (SAMR) issued the Notice on Further Implementing the Anti‑Unfair Competition Law of the People’s Republic of China, signalling a renewed push to protect trade secrets and other unregistered IP, while also looking outward at conduct taking place beyond China’s borders. The Notice underlines SAMR’s role in administrative enforcement alongside the courts, with a particular focus on unfair competition issues arising in the platform and digital economy.
On trade secrets, SAMR calls for stronger protection as part of improving the business environment and supporting “high‑quality development.” The Notice encourages authorities to refine rules and standards, build out local trade secret protection service stations staffed with professionals, and guide key industries and enterprises to strengthen compliance management and leak‑prevention mechanisms. It also promotes the adoption of trade secret management standards and certification systems to help Chinese companies bring their internal controls in line with more standardised and internationally oriented practices.
A notable forward‑looking element is SAMR’s explicit reference to the extraterritorial application of the Anti‑Unfair Competition Law. Enforcement authorities are urged to take firm action against overseas conduct—such as false advertising, online unfair competition, commercial defamation, and trade secret misappropriation—that disrupts competition in China or harms the interests of Chinese businesses and consumers. The Notice further mentions developing specialised foreign‑related enforcement teams, piloting new mechanisms in qualified regions, and deepening bilateral and multilateral cooperation, with the broader goal of safeguarding industrial and supply chain security and contributing to more “fair and transparent” international competition rules.
Source:
https://www.chinaiplawupdate.com/2026/03/chinas-state-administration-for-market-
regulation-to-explore-extraterritorial-enforcement-of-anti-unfair-competition-
laws/ (English)