SPC Issues Judicial Interpretation on Revised Anti-Unfair Competition Law of China
The Supreme People’s Court of China (SPC) recently issued its Interpretation on Several Issues Concerning the Application of Anti-Unfair Competition Law of China, which will take effect on 20 March 2022.
The Interpretation, comprising 29 articles, details on the application of laws in response to the latest revision of the Anti-unfair Competition Law of China ("AUCL") in 2019, with a view to addressing the demand for determination of facts and demarcation of liabilities created by new types of legal disputes against the backdrop of profound changes in market competition landscape complicated by emerging fields and business modes, substantial expansion of market players, and accelerated integration of internet business and traditional operation models.
Notably, the interpretation elaborates on the application of "business ethics" stipulated in Article 2 of the AUCL. It also devotes a number of articles to acts of confusion through imitation (Article 6 of AUCL) and acts of false publicity (Article 8 of the AUCL), as well as clarifies the conditions for the application of Article 12 of the AUCL on acts of unfair competition on the Internet.
Related link: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Anti-Unfair Competition Law of China (Chinese version only)
