Friday, 22 April 2016

China Updates- Anti-Unfair Competition Law

Proposed amendments to the Anti-Unfair Competition Law were published for comment.

The key area of change is in the proposed new Articles, which if adopted would prohibit the following acts on the basis that they might cause market confusion:
  1. Using identical or similar and well-known commercial logos of third parties,
  2. Misappropriating registered or well-known marks as business names, and
  3. Misappropriating well-known trade names or abbreviations in trade marks or domain names.
The effect is for this Article to cover a much broader range of IP-related unfair competition acts since the definition of “commercial logo” is proposed to be enhanced to include all features that could distinguish a product or products, such as the shape of the product, and alternative names for the product, enterprise or individual as appropriate (including domain names and websites).

How this will fit in with IP law (including China’s first registration, as apposed to first use, system, which would appear to be in conflict) remains to be seen.




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Need more information?
Please contact:
John Barclay -Email
Teresa Tam - Email 
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Follow us on:
LinkedIn: Primasia
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Primasia Corporate Services Limited
Tel: +852 2882 2088


Suite 1106-08, 11/F., Tai Yau Building, No. 181 Johnston Road, Wanchai, Hong Kong