China’s “Anti-Unfair Competition Law “ Modified

On November 4, the newly revised Anti-Unfair Competition Law of the People’s Republic of China was approved by the Standing Committee of the National People’s Congress and passed into force on January 1, 2018.


NPC Standing Committee introduced the “Anti-Unfair Competition Law,” the new changes mainly involve the following aspects:

  1. Confusion:namely “Pong nameplate”, the new law further clarifies the concept of confusion, “misleading” as the core criteria for judging the use of unauthorized identification of others to make the mark required in some areas of influence ;
  2. Commercial Bribery: New law further clarify the image of commercial bribery, including the employees of counterparties in the transaction and the entities and individuals entrusted by the counterparty to the transaction, as well as the entities and individuals that use the power and influence to influence the transaction.
  3. False propaganda:The new law for the Internet brushstrokes, speculation and other aspects of the issue made a targeted provision;
  4. Violation of trade secrets:On the basis of the existing law, specifically provides that if a third party knows or ought to know that a trade secret was acquired by an employee or ex-employee of another business or other unit or person by improper means, he re-uses It is a violation of trade secrets;
  5. Unfair competition practices that use Internet technology:Including misleading, deceiving, forcing users to modify or uninstall legitimate network products of others.



China’s political intentions:


On the one hand, to improve the environment and system of intellectual property in China, on the other hand, in response to the United States’ dissatisfaction with China’s intellectual property rights, after all, U.S. President Trump has pressed on from July 2017 to China to improve intellectual property rights infringement. Especially, on January 19, 2018 U.S. President Trump also threatened to use Section 301 to solve the problem of unfair competition, the point in time, cleverly consistent.