Seminar for Anti-Unfair Competition Law for IPR Protection in Judicial Practice Convenes in Beijing
On 31 October 2012, the Seminar for Anti-Unfair Competition Law for IPR Protection in Judicial Practice was held in Beijing. The seminar, organised by the Beijing First Intermediate People’s Court (the Court) and co-sponsored by CAEFI Quality Brands Protection Committee (QBPC), studied issues concerning anti-unfair competition cases that have arisen in judicial practice against the backdrop of increasing globalisation of the world economy and rapid economic development domestically over the two decades since the first promulgation of China's Anti-Unfair Competition Law in 1993.
During the seminar, members of a relevant task group under the Court delivered their presentations respectively on the following aspects of the Law: i) its theoretical basis; ii) application of its principle provisions in trial; iii) its protection for commercial marks; iv) its protection for trade secrets; v) its restraints on unfair advertising and promotion practices; vi) civil remedies provided therein; and vii) its relation with Anti-Monopoly Law.
The presentations were commented by expert academics and followed by discussions involving the attendees. Some points worthy of further thoughts brought up during the session included: Should the Law be pro-competition or pro-investment? Should the principle of good faith thereof be applicable to judicial determination of an alleged act of unfair competition? Should “competition” be restricted to its narrow sense, i.e. operations of the same trade? Any overlap and conflict between the Law and other special laws, such as Trademark Law or Anti-Monopoly Law?
The event gathered close to a hundred attendees, including judges from the Court and courts of Beijing municipality, academics specialised in the fields, and representatives from QBPC. China Patent Agent (H.K.) Ltd. (CPA) was also present in the event by invitation, represented by its IP journal China Patents & Trademarks.
Guest panel at opening ceremony of the seminar
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Task group for studies of anti-unfair competition law for IPR protection in judicial practice
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Judge Lang Guimei from IPR Tribunal of the Supreme People's Court
