AIPLA Comments on the Draft Amendment of the Anti-Unfair Competition Law of the People's Republic of China
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.
Upcoming Events
-
2026 Trademark Boot Camp - Washington, DC
June 17 to 18, 2026 | Up to 820 CLE Minutes Eligible
-
AIPLA 2026 Annual Meeting
October 29 to 31, 2026
-
2027 Global IP and Trade Summit
January 27 to 29, 2027
We’re excited to welcome you to the 2027 AIPLA Global IP and Trade Summit, where innovation, technology, and intellectual property come together to shape the future. We are ready for your ideas, energy, and passion for IP! -
2027 Spring Meeting - Denver, CO
May 6 to 8, 2027
We’re excited to welcome you to the 2027 AIPLA Spring Meeting, where innovation, technology, and intellectual property come together to shape the future. Denver is ready for your ideas, energy, and passion for IP! -
AIPLA 2027 Annual Meeting
October 28 to 30, 2027
Join us as we bring IP professionals together to learn and connect. More information coming soon! The 2027 Annual meeting will take place at the Westin Washington, DC, Downtown. Leadership Meetings on Wednesday, October 27. Programming scheduled October 28 - 30.