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China proposes a revamp to its Anti-Unfair Competition Law - Changes relevant to companies' business practices

14 March 2016

Hogan Lovells

On 25 February 2016, the Legislative Affairs Office of the State Council issued a new draft of the amended Anti-Unfair Competition Law ("Draft") for public comment. The Draft entails an important overhaul of the current law, which was first enacted in 1993. It aims to bring the Anti-Unfair Competition Law ("AUCL") in line with more recent domestic legislation (e.g., the Trademark Law and the Anti-Monopoly Law), harmonize the Chinese law with international legal standards, codify the majority view in Chinese jurisprudence, and modernize the AUCL through the adoption of an array of brand-new principles and provisions.

The AUCL as it stands is a potpourri of provisions covering a variety of legal fields. Not surprisingly therefore, if adopted, the Draft's updated provisions would have a significant impact in the fields of intellectual property ("IP"), antitrust and anti-bribery in China.

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