business identifiers or derogation of others’ business reputation. Market research reports can be used as proof of 4. Notes for amendments to Item 4: confusions in the market. This Item is an unnecessary repetition of Item 1; We included the act of trademarks and “registering” For the purpose of this Law, the public” domain names: 1) the amendment (and the following “relevant refers to consumers related to a certain type of commodity definition of identifiers”) is intended to provide “business or service identifiable by the business identifiers and other the Anti-Unfair Competition Law with a specific legal operators closely related to the marketing of the basis for the rights” as defined in Article 32 of the “prior mentioned commodity or service. Trademark Law, especially the rights”; 2) “merchandising the judicial interpretation of the Supreme People’s Court has stipulated that registering but not using a domain name also constitutes infringement. The provisions of the Competition Law shall be in line with this provision. 5. Reasons for adding Item 5: Save Clause: It is to cover other deceptive business identifiers not in above Items. 6. Providing legal protection for operators’ distinctive overall business image is also in line with the provision of Article 3 of the 2007 Interpretation of the Supreme People’s Court on Issues of Laws Applicable to Hearing Civil Cases over Unfair Competition. 7. Reasons for amendments to Paragraph 3: We suggest adding to the definition of “association” In practice, for those with very well-known “confusion”. business identifiers, consumers may not misunderstand their production source, but may associate the counterfeit
business identifiers or derogation of others’ business reputation. Market research reports can be used as proof of confusions in the market. For the purpose of this Law, the “relevant public” refers to consumers related to a certain type of commodity or service identifiable by the business identifiers and other operators closely related to the marketing of the commodity or service. 4. Notes for amendments to Item 4: This Item is an unnecessary repetition of Item 1; We included the act of “registering” trademarks and domain names: 1) the amendment (and the following definition of “business identifiers”) is intended to provide the Anti-Unfair Competition Law with a specific legal basis for the “prior rights” as defined in Article 32 of the Trademark Law, especially the “merchandising rights”; 2) the judicial interpretation of the Supreme People’s Court has stipulated that registering but not using a domain name also constitutes infringement. The provisions of the Competition Law shall be in line with this provision. 5. Reasons for adding Item 5: Save Clause: It is to cover other deceptive business identifiers not mentioned in above Items. 6. Providing legal protection for operators’ distinctive overall business image is also in line with the provision of Article 3 of the 2007 Interpretation of the Supreme People’s Court on Issues of Laws Applicable to Hearing Civil Cases over Unfair Competition. 7. Reasons for amendments to Paragraph 3: We suggest adding “association” to the definition of “confusion”. In practice, for those with very well-known business identifiers, consumers may not misunderstand their production source, but may associate the counterfeit
EN%20Comments%20on%20the%20Anti-Unfair%20Competition%20Law%20(Revised%20Version%20for%20Review).docx