anti-unfair competition

By Susan Ning, Hazel Yin, Han Wu, Lingbo Wei King & Wood Mallesons’ Commercial & Regulatory Group


On February 25th 2016, the State Council published the Anti-Unfair Competition Law (Draft Amendment) (the law hereinafter the “AUCL”, the draft amendment hereinafter the “Draft”) for public comments. Certain issues have arisen since the implementation of AUCL in 1993, for example, new types of unfair competitive behaviors have been under-regulated and the penalties do not have enough deterrent effects. Also, since 2008, the enactment of the Antitrust-Monopoly Law (“AML”) has resulted in overlaps and inconsistent standards of application.

The Draft not only clarifies some traditional anti-unfair competition behaviors listed in the AUCL, but also provides regulation of new types of unfair competition conducts. The current AUCL has 5 chapters 33 articles while the Draft involves amendment to 30 articles. The Draft strikes out 7 articles, adds 9 articles, and totals 35 articles. It mainly amends and improves 6 behaviors (passing off, commercial bribery, misleading advertising, infringement of business secret, sales with giveaway and commercial defamation), and adds two behaviors (abuse of comparatively advantageous position and unfair competition on the internet). Additionally, the draft substantially increases penalties on unfair competition behaviors.
Continue Reading Highlights of the Draft Amendment to China’s Anti-Unfair Competition Law: Abuse of a Comparatively Advantageous Position

By King & Wood Mallesons’ Healthcare Group

Guangdong JDB Beverage Company Limited (“JDB”) filed a lawsuit against Wong Lo Kat in Chongqing’s First Intermediate People’s Court (the “Court”), alleging that Wong Lo Kat’s advertisement slogan of “a bottle of Wanglaoji takes the fear of Shànghuǒ (i.e. excessive internal heat a cause of disease in Chinese perspective) away”, constitutes unfair competition. Although this case involved an advertisement slogan, it was heard in the court according to the Anti-unfair Competition Law rather than the Copyright and Trademark Laws, creating a novel cause of action.
Continue Reading KWM Prevails in Representation of Wong Lo Kat in Anti-unfair Competition of Advertisement Slogan Lawsuits

作者:胡梅 瞿淼 郁斯敏 金杜律师事务所争议解决


Continue Reading 使用盗版软件将可能导致在美国被诉 – 评美国华盛顿州新修订之《反不正当竞争法》

By Susan Ning and Shan Lining, King & Wood’s Competition Group

On 14 October 2010, Tencent Technology (Shenzhen) Co., Ltd (Tencent) launched an action against Beijing Qihoo Technology Co., Ltd (Qihoo) alleging that the latter has breached Article 14 of the Anti-Unfair Competition Law(1). Article 14 of the Anti-Unfair Competition Law prohibits entities from fabricating or spreading false facts, resulting in damaging the business reputation of a competing entity

Continue Reading QQ vs 360 – An Anti-unfair Competition Case