safe side. 2. If it is otherwise provided for in other laws or administrative regulations, relevant authorities can also conduct the supervision and inspection in accordance with the provisions in such laws or regulations. What if the provisions conflict with this Law? We suggest that an additional paragraph be added to specify which law or regulation shall prevail when this Law conflicts with other laws or administrative regulations. Article 5 Operators shall not use business identifiers 1. The use of confusions in the market” in the “cause to cause confusion in the market conduct acts of unfair Review Version to specify the consequences of unfair competition as follows: competition acts has excluded the of “likelihood 1) using without permission others’ well-known confusions”. business identifiers or business identifiers similar to others’ well-known business identifiers, which may cause confusions in the market” is a consequential “Cause confusions in the market; description. The infringer can take advantage of this 2) conspicuously using their own business identifiers provision to defend by claiming that its act not cause “did identical or similar to the well-known business identifiers confusions in the market”. That is contrary to the of others, with a purpose of misguiding the public, which legislative intention of this Law. may cause confusions in the market; 3) registering or using the registered trademarks, Therefore, it is more accurate to replace “cause relatively well-known unregistered trademarks, trade confusions in the market” with cause confusions”, “may names registered trademarks or unregistered well-known and it also conforms to provisions of the Trademark Law. trademarks of others as trade names in their enterprise Clearly defining the of confusion” as the “likelihood names, with a purpose of misguide the public, which may manifestation of the unfair competition acts described in cause confusions in the market; this paragraph is conductive to maintaining the market 4) registering or using shop names or brief names of economic order and protecting the legitimate rights and
safe side. 2. If it is otherwise provided for in other laws or administrative regulations, relevant authorities can also conduct the supervision and inspection in accordance with the provisions in such laws or regulations. What if the provisions conflict with this Law? We suggest that an additional paragraph be added to specify which law or regulation shall prevail when this Law conflicts with other laws or administrative regulations. Article 5 Operators shall not use business identifiers to cause confusion in the market conduct acts of unfair competition as follows: 1) using without permission others’ well-known business identifiers or business identifiers similar to others’ well-known business identifiers, which may cause confusions in the market; 2) conspicuously using their own business identifiers identical or similar to the well-known business identifiers of others, with a purpose of misguiding the public, which may cause confusions in the market; 3) registering or using the registered trademarks, relatively well-known unregistered trademarks, trade names registered trademarks or unregistered well-known trademarks of others as trade names in their enterprise names, with a purpose of misguide the public, which may cause confusions in the market; 4) registering or using shop names or brief names of 1. The use of “cause confusions in the market” in the Review Version to specify the consequences of unfair competition acts has excluded the “likelihood of confusions”. “Cause confusions in the market” is a consequential description. The infringer can take advantage of this provision to defend by claiming that its act “did not cause confusions in the market”. That is contrary to the legislative intention of this Law. Therefore, it is more accurate to replace “cause confusions in the market” with “may cause confusions”, and it also conforms to provisions of the Trademark Law. Clearly defining the “likelihood of confusion” as the manifestation of the unfair competition acts described in this paragraph is conductive to maintaining the market economic order and protecting the legitimate rights and
EN%20Comments%20on%20the%20Anti-Unfair%20Competition%20Law%20(Revised%20Version%20for%20Review).docx