Written by: Jiao Hongbin He Shijia He Cheng’en KWM Intellectual Property Group
On 18 August 2021, the Supreme People’s Court of the P.R.C. issued the “Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of the Anti-Unfair Competition Law of the People’s Republic of China (Draft for Comments)” (hereinafter referred to as the “Draft for Comments”) for public review and opinions. The Draft for Comments represents the Supreme Court’s first move of making comprehensive amendment[1] of the “Interpretation of the Supreme People’s Court on Several Issues on the Application of Law in Hearing Civil Cases Regarding Unfair Competition” (hereinafter referred to as the “2007 Judicial Interpretation of the Anti-Unfair Competition Law” or “2007 Interpretation”), which has been in effect since 2007. The Draft for Comments accommodates the 2017 and 2019 amendments of “Anti-Unfair Competition Law of the People’s Republic of China” (hereinafter referred to as the “Anti-Unfair Competition Law”) and reflects on and summarizes the relevant rules in judicial practice over the past few years.