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Tag Archives: Internet IPR

What is Protecable under China’s Anti Unfair Competition Law?

Posted on November 9, 2012 by yytbest

By Albert Chen

Recently, as researched by Beijing No.2 Intermediate People’s Court (note: the link is in Chinese), the judicial protection of Online Intellectual Property Rights in China has not kept pace with the development of Internet technology and online services in the country. Among these protections, it has been found that the Anti Unfair Competition Law has not sufficiently covered all situations in which unfair competitive behavior is an issue. Specifically, it has been found that provisions of the Anti Unfair Competition Act cover only about fifty percent of cases involving Online Unfair Competition. As for the remaining cases, they can only be governed by the principles outlined in Article 2 of the Anti Unfair Competition Law , providing that “[. . .]an operator shall, in market transactions, abide by principles of voluntariness, equality, fairness, honesty and credibility, and observe generally recognized business ethics.” In today’s post, we would like to share our analysis on the Chinese Anti Unfair Competition Law, and to discuss each situation as can be seen under the current law.

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Posted in Unfair competition | Tagged advertisement operator, advertiser, anti unfair competition law, Beijing No.2 intermediate people’s court, bribery, bringing economic benefits to the owner of rights, certification marks, commercial ethnics, composition, confusion, credibility, Damage to a competitor’s reputation, equality, fairness, false publicity, governments, has practical applicability, honesty, improper measures, Improper sales with prizes, infringe trade secret, Internet IPR, kick back, manufacturer, marks of famous and high-quality goods, network service, network technology, operators having monopolistic status, origin, packaging or decoration peculiar to well-known goods, passing off the registered trademark, performance, poor quality, poor reputation, public utility enterprises, quality, record in the account, restrictions on the circulation of goods, restrictions on the purchase of certain goods, Sale at unreasonably low price, subordinate departments, Tendering in bad faith, the name, unauthorized use, unfair competition, use, useful life, voluntariness, well-known goods | Leave a reply
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