AIPLA Comments on the Draft Amendment of the Anti-Unfair Competition Law of the People's Republic of China December 22, 2022

Arlington, VA. December 22, 2022 - The American Intellectual Property Law Association (AIPLA) submitted comments to China’s State Administration of Market Regulation on the Draft Amendment of the Anti-Unfair Competition Law of the People's Republic of China.

The AIPLA comments suggest adding explicit exceptions for normal intellectual property enforcement activities for market participants having a ‘comparative advantage’ that might otherwise be prohibited under the current draft amendment language.  The AIPLA comments also request clarity on new Article 18 which provides new rights to commercial data, e.g., is this Article adding a new sui generis database right, addressing hacking violations, or addressing economic espionage.  Also, the AIPLA comments suggest clarifying that fines related to unfair competition calculated based on a company’s sales should be limited to Chinese sales and not global sales.

To view the complete comments, please download the comment letter posted to the right of this page.