On December 16, the Legal Committee of Quality Brand Protection Committee of China Association of Enterprises with Foreign Investment ("QBPC") held an online discussion on "Anti-Unfair Competition Law of the People's Republic of China (Amendment Draft for Public Comments)". More than 20 representatives of QBPC members attended the discussion, which was moderated by Chen Xi, Vice Chair of the Legal Committee.
Before the discussion, Legal Committee had collected members’ comments on the amendment draft issued by the State Administration for Market Regulation. Based on the suggestions, the participants made following comments:
Regarding Paragraph 1 of Article 7, considering that some operators take actions to cause confusion in production and sales by using the abbreviation, translation and nickname of the name of others’ influential commodities or by other means, it is necessary to further clarify multiple types of influential “commodity name” in Item 1, Paragraph 1, Article 7 to facilitate enforcement; in Article 9, it is suggested that “services” be included in addition to commodities, which would be in line with the statement in laws and regulations such as the advertising law and trademark law, in order to make it applicable to not only “commodities” but also “services”; concerning Article 15, it is also a common unfair competition behavior of online operators to obtain competitive advantages by making use of the search function on online platforms in an improper manner. For example, results that are not quite related to the keywords input by consumers are presented in the front of the result page. Therefore some common circumstances shall be listed out here; as regards Article 20, unfair competition on the internet is usually performed by operators on platforms to provide others with convenience, which shall also be stipulated in this Article
Based on the above discussion, QBPC official comments have been finalized and submitted to the State Administration for Market Regulation.