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