Legislation Scheme of SAMR in 2021

As revealed by the scheme, SAMR will intensify its effort to optimize business environment this year since many legislation items are related to this field, including rules to protect trade secret, anti-unfair market competition, the determination and protection of well-known trademarks, etc. The authority will try to finalize the administrative measures on infant formula recipe registration and organic product certification by the end of 2021.

On April 1st, 2021, SAMR unveiled its legislation scheme in 2021, covering the optimization of business environment (e.g., Rules of Trade Secret Protection, Implementation Rules of Patent Law), market administrative measures, food safety supervision, etc.

The regulation and administrative measures subject to formulation/revision are classified into two types. For legislation items belonging to type 1, the drafts shall be sent to the Regulation Department by June 30, 2021, and the department will try to finalize these legislations by the end of 2021. As for the second type, the drafting body should promote the legislative progress efficiently, although no specific deadline is given. Here are some major legislation items.

Type 1:

S/N	Items	Drafting body
1	Rules of Trade Secret Protection	Price Supervision and Anti-unfair Competition Bureau
2	Rules of Prohibiting Unfair Competition Online	Price Supervision and Anti-unfair Competition Bureau
3	Administrative Measures on Quality and Safety Supervision of Food Related Products	Quality Supervision Bureau
4	Administrative Measures on Registration of Infant and Young Children Milk Powder Formula Recipes	Special Food Bureau
5	Administrative Measures on National Standards	Standard Technique Bureau
6	Administrative Measures on Organic Product Certification	Authentication Supervision Bureau

Type 2:

S/N	Items	Drafting body
1	Several Provisions on the Prohibition of Unfair Competition by Imitation of the Unique Name, Packaging and Decoration of Well-known Goods	Price Supervision and Anti-unfair Competition Bureau
2	Interim Measures for the Management of Internet Advertising	Advertising Supervision Bureau
3	Product Anti-Counterfeiting Supervision and Management Methods	Product Development Bureau
4	Administrative Measure on Quality and Safety Supervision of Market Sales of Edible Agriculture Products	Food Operation Bureau
5	Administrative Measures on the Registration of Food for Special Medical Purposes	Special Food Bureau
6	Rules of Determination and Protection of Well-known Trademarks	Intellectual Property Protection Bureau

It is worth noting that the consultation drafts of Administrative Measures on Registration of Infant and Young Children Milk Powder Formula Recipes, and Administrative Measures on the Registration of Food for Special Medical Purposes were all released in 2019. (Click the links above for more CL report.) However, ChemLinked assumes that the promulgation of new GB standards of infant formula will accelerate the release of administrative measures on infant formula recipe registration.