Prc Anti Unfair Competition Law

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AntiUnfair Competition Law of the People's Republic of …

1 hours ago Anti-Unfair Competition Law of the People's Republic of China (2019 Amendment)[Effective] Area of Law: Anti-Unfair Competition Article 2 Businesses shall, in their production and distribution activities, adhere to the free will, equality, fairness, and good faith principles, and abide by laws and business ethics.

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Unfair Competition Law of the People's Republic of China (English …

9 hours ago Law Against Unfair Competition of the People's Republic of China (Adopted at the Third Session of the Standing Committee of the Eighth National People's Congress on September 2, 1993. Promulgated by Order No.10 of the President of the People's Republic of China on September 2, 1993. and Effectives of December 1, 1993) Chapter I General Provisions

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Highlights of the PRC revised AntiUnfair Competition Law and …

6 hours ago On November 04, 2017, China’s National People’s Congress passed the revision of the Anti-Unfair Competition Law (“Revised AUCL” or “Law”). The Revised AUCL came into effect on January 01, 2018. It is the first amendment of the Anti-Unfair Competition Law since its enactment in 1993 (“AUCL 1993”). The Revised AUCL focuses on

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UNFAIR COMPETITION LAW AsianLII

9 hours ago "Unfair competition" mentioned in this Law refers to a business (2) lottery-attached sale employed as a means to sell goods of low quality at a high price; or (3) lottery-attached sale in form of lottery-drawing with the Republic of China and the Law of the People's Republic of China on Product Quality.

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The Revised PRC AntiUnfair Competition Law Took Effect on April …

3 hours ago The revised PRC Anti-Unfair Competition Law became effective on April 23, 2019. The new PRC Anti-Unfair Competition Law featured trade secret protection and raised fines and damages for unfair

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almer m China’s newly amended AntiUnfair Competition Law …

1 hours ago Congress (the NPC) of the People’s Republic of China (PRC) approved and published amendments to the Anti-Unfair Competition Law (AUCL) that substantially change the previous law enacted in 1993 (the AUCL 1993). The amended AUCL (the AUCL 2018) took effect on January 1, 2018. Notably, the AUCL 2018 introduced a

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AntiUnfair Comepetition Law without a Core: An Introductory …

9 hours ago An Anti-Unfair Competition Law Without a Core: An Introductory Comparison Between U.S. Antitrust Law and the New Law of the People's Republic of China Tianlong Yu * I. INTRODUCTION On September 2, 1993, China's legislative body, the National People's Congress, passed the Anti-Unfair Competition Law of the

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Revision to the AntiUnfair Competition Law of the People's …

9 hours ago Due to rapid development, the existing PRC Anti-Unfair Competition Law was not fully capable of responding to various acts of unfair competition. In addition, the interrelation of the articles governing unfair competition with other laws and regulations created the urgent need to revise the Anti-Unfair Competition Law.

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On the Legislative Purpose of the AntiUnfair Competition …

4 hours ago On the Legislative Purpose of the Anti-Unfair Competition Law -- Interpretation of Article 1 of the Anti-Unfair Competition Law . Qianyue Ma . occurrence of free competition and exchange behavior. And enable it to achieve resource allocation in order to maximize the lowest price, the best goods or services, but the excessive

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Highlights of the Draft Amendment to China’s AntiUnfair …

6 hours ago This article was written by Susan Ning(partner), Hazel Yin(partner), Han Wu(associate), and Lingbo Wei(assistant associate) I. Overview. On February 25th 2016, the State Council published the Anti-Unfair Competition Law (Draft Amendment) (the law hereinafter the “AUCL”, the draft amendment hereinafter the “Draft”) for public …

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AUCL: Understanding China’s antiunfair competition law and its …

21.086.4174 hours ago

1. The Standing Committee of the National People’s Congress (NPCSC) passed amendments to the AUCL on the 23 April 2019. Prior to that, the first amendment to the law was made in 2013. The current amendments are primarily concerned with the protection of trade secrets in widening the definition and infringement of trade secrets, as well as raising monetary penalties. The amended AUCL coupled with the recent revision of the Trademark Law of the People’s Republic of China reflects China’s moves in intellectual property protection, which all in all are positive steps for both foreign and domestic companies in China.

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Price Gouging Restrictions in China The National Law Review

3 hours ago In addition to the Price Law, certain price gouging practices may also raise anti-monopoly, unfair competition or consumer protection concerns under the PRC Anti-Monopoly Law, the PRC Anti-Unfair

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China revises the rules on trade secrets in the AntiUnfair …

8 hours ago China revises the rules on trade secrets in the Anti-Unfair Competition Law. China 30.04.2019. On 23 April, the Standing Committee of the National People’s Congress issued the Amendment of the Anti-Unfair Competition Law (“ Amendment ”). The Amendment mainly addresses the protection of trade secrets. The Amendment defines a trade secret

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'Trade Secrets' Under The PRC AntiUnfair Competition Law …

1 hours ago Summary. The PRC Anti-Unfair Competition Law ("Law") contains a relatively brief provision which prohibits the violation of trade secrets.The recently-enacted Judicial Interpretation on the Law by the PRC Supreme Court (came into effect on 1 February 2007) sheds light on the scope of protection of trade secrets under the Law.

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China's Competition Policy Reforms: The AntiMonopoly Law …

7 hours ago competition. '4 . The Price Law, passed in 1997, has provisions against "improper pricing behaviors" including price fixing, predatory pricing, and price discrimination. 5 . The Procurement and Bidding Law, passed in. 3 . Anti-Unfair Competition Law of the People's Republic of China (promulgated by the

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Antiunfair Competition Law China Law Insight

5 hours ago By Shi Bisheng King & Wood Mallesons’ IP group. On 4 November 2017, the 30th Meeting of the Standing Committee of the Twelfth National People’s Congress of the People’s Republic of China passed an amendment to the Anti-Unfair Competition Law of the People’s Republic of China (“Anti-Unfair Competition Law”), which will come into effect on 1 January 2018.

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Competition Enforcement against Unfairly High Prices in China

9 hours ago Competition Enforcement against Unfairly High Prices in China. Yi Xue, Tian Gu. -. June 23, 2020. By Yi XUE (Josh) & Tian GU (Zhong Lun Law Firm)1. Recently, the Anti-monopoly Bureau of the PRC State Administration for Market Regulation (“SAMR”) handed down a large fine of RMB 325.5 million to three sales enterprises engaging in the trading

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Key Points in the Revisions to AntiUnfair Competition Law of the …

9 hours ago The Anti-Unfair Competition Law of the People’s Republic of China was revised at the 30 th Session of the Standing Committee of the 12 th National People’s Congress of the People’s Republic of China on November 4, 2017. This Law will be implemented as of January 1, 2018, and is revised for the first time after 24 years since the Anti-Unfair Competition Law of the …

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China’s new Antiunfair Competition Law redefines bribery …

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1. Article 8 of the current Anti-unfair Competition Law provides, using an undefined word “bribe” to describe bribery activities, that business operators must not, by using money, property or other methods, bribe others in order to sell or purchase goods. It further provides that (i) provision of off-the-book rebate by a party to its counterparty or individuals shall constitute bribe-giving, whilst acceptance of such off-the-book rebated by the counterparty or individuals shall constitute bribe-taking, and (ii) business operators may give discounts to counterparties or pay commissions to intermediaries provided both parties to the transactions expressly and genuinely record the discounts and commissions in their accounts and books. Based on the principles set out in the law, the SAIC Provisions explain a few key terms in order to guide its implementation, including “discounts”, “commissions”, “off-the-book rebate” and “expressly and genuinely recording”, and provide that business opera...

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an insight view on China antiunfair competition law Shenzhen …

4 hours ago The Supreme People's Court of China has announced the first judicial interpretation of the PRC Anti-Unfair Competition Law (‘the Law’), to clarify the ambiguities in the application of the Law. Issues covered include passing off by the use of trade names, packaging or trade dress of well-known products, or the use of the business name or personal …

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Anti–Unfair Competition Law NPC Observer

6 hours ago Posted on February 23, 2017, 5:28 AM August 27, 2019, 1:40 PM by Changhao Wei Posted in Session Watch Tagged Anti–Unfair Competition Law, Enterprise Income Tax Law, Red Cross Society Law. 4 Comments 26th Session Watch Pt. 1: NPCSC to Review Draft Revisions to Enterprise Income Tax Law and Anti-Unfair Competition Law

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ANTI UNFAIR COMPETITION LAW LAWS.com

4 hours ago Article 1 This law is drawn up in order to safeguard the healthy development of the socialist market economy, encourage and protect fair market. competition, prohibit unfair competition, safeguard the legal rights and interests of managers. Article 2 Managers shall abide by the principle of voluntariness, equality, impartiality, honesty and

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Has Commercial Bribery Been Refined? Corporate Compliance …

1 hours ago The PRC Anti-Unfair Competition Law (AUCL), which governs commercial bribery, was amended on 4 November 2017, the first amendment to the law since its original enactment in 1993. The amended AUCL draws on the lessons learned during the past two decades to make some major changes.

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China Trademark Law and AntiUnfair Competition law …

8 hours ago The Standing Committee of the National People's Congress (NPC) approved the amendments to eight laws including the Trade Mark Law, Anti-Unfair Competition Law and Administrative Licensing Law on 23 April 2019. The amendments to the Trade Mark Law will be effective from 1 November 2019. The rest are effective immediately upon announcement.

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PRC Antiunfair Competition Law (Amended) China Law and …

7 hours ago China Law & Practice Subscribers. A Premium Subscription Provides: A database of over 3,000 essential documents including key PRC legislation translated into English; A choice of newsletters to alert you to changes affecting your business including sector specific updates

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China: Trade Secret Provisions Under Antiunfair Competition Law …

2 hours ago China: Trade Secret Provisions Under Anti-unfair Competition Law Revised. (June 6, 2019) On April 23, 2019, the National People’s Congress (NPC) Standing Committee of the People’s Republic of China (PRC or China) adopted an amendment to the PRC Anti-unfair Competition Law, revising provisions of the Law concerning trade secrets.

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Laws and Regulations China ICLG International Comparative …

8 hours ago Trade secrets are protected under the Anti-Unfair Competition Law, Criminal Law and can also be protected by a contract between the parties. While trade secret infringement lawsuits are difficult to win, often due to the poor collection of evidence by the parties, the volume of trade secrets litigation in China has increased.

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Unfair competition and anticompetition Elgar Online: The online …

6 hours ago China's Anti-Monopoly Law (AML) is one of the youngest and most influential antitrust laws in the world today. This book aims to provide a better understanding of the evolution of China’s AML to the international community through a collection of essays from the most prominent antitrust scholar in China, Professor Xiaoye Wang. Monograph Book.

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Anti Monopoly Law of China Wikipedia

4 hours ago The Anti Monopoly Law of China (Chinese: 反垄断法; pinyin: Fǎn Lǒngduàn Fǎ) is the People's Republic of China's major legal statute on the subject of competition law (or antitrust law).It was passed by the National People’s Congress in 2007 and came into effect on 1 August 2008.

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A quick guide to competition and consumer protection laws …

3 hours ago Competition law – an introduction The law aims to promote healthy competition. It bans anti-competitive agreements between firms such as agreements to fix prices or to carve up markets, and it makes it illegal for businesses to abuse a dominant market position. You need to be aware of the main rules to avoid breaking the

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China China Competition Law Charltons

8 hours ago China’s Anti-monopoly Law provides a comprehensive framework for regulating market competition in the PRC. In March 2018, China’s National People’s Congress passed legislation to consolidate the three antirust bodies of MOFCOM, SAIC and NDRC into one agency, the State Administration for Market Regulation (“SAMR”), aiming to concentrate all antitrust regulation …

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Overview on the Interim Provisions on Regulating Sales …

3 hours ago The Provisions, which contain stipulations on anti-unfair competition, prices, consumer rights protection, etc., will be useful in guiding business operators to operate in compliance with PRC laws

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Amendments Of AntiUnfair Competition Law Anti …

3 hours ago China: Amendments Of Anti-Unfair Competition Law. After 24 years of implementation of the Anti-Unfair Competition Law (hereinafter referred to as "Existing law"), the first amendment to the Existing law has been passed by the Standing Committee of the National People's Congress. The new law will come into force on January 1, 2018.

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Antimonopoly Cases on Unfair Pricing in China Springer

3 hours ago  · Abstract. Prohibition of unfair pricing is an area that has seen a growing number of enforcement activities in China. Unfair pricing, also called excessive pricing in some cases, is ruled under Article 17, Paragraph 1, of the Anti-Monopoly Law (“AML”), whereby dominant firms are prohibited to “sell commodities at unfairly high prices or buy …

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Investigation report on the judicial trial of trade secrets after …

4 hours ago and whether the information has a legitimate source. Viewpoint. The Anti-Unfair Competition Law of the People's Republic of China, which came into force on April 23, 2019, has no legal effect on the infringement of trade secrets. The subjects, types of acts, allocation of the burden of proof, and

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Competition Law Thomson Reuters

21.086.4171 hours ago

1. Global Competition Law (Global) This Competition Law course covers the fundamental principles of competition law (or antitrust or monopoly law, as it is sometimes called), which aims to prevent predatory business practices by promoting fair competition and economic efficiency. The course also highlights 'red flags' — situations that present a risk of violations and legal liability, enforcement, and civil and criminal penalties associated with violations of competition law.

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Overview on the Interim Provisions on Regulating Sales …

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1. The term "Prize-giving Sales" refers to the circumstances in which a business operator, for the purpose of (i) selling products (and/or providing services); or (ii) achieving competitive advantages, offers monetary rewards, valuables or other interests to consumers. In other words, according to the Provisions, selling products and/or providing services shall not be regarded as mere preconditions for sales promotions. The Provisions expressly state that the activities of a business operator, such as promoting mobile clients, soliciting customers, increasing awareness, obtaining popularity, or increasing the click rate of users, shall also be regarded as Prize-giving Sales, provided that such business operator offers monetary rewards, valuables or other interests to consumers. a) Activities which a business operator shall conduct in respect of Prize-giving Sales (1) Before the Prize-giving Sales is conducted: A business operator shall expressly make public the information on Prize-giv...

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中华人民共和国反不正当竞争法 (2017年) China Law Translate

21.086.4171 hours ago

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On the Revision of "AntiUnfair Competition Law" in April 2019 …

8 hours ago On the Revision of “Anti-Unfair Competition Law” in April 2019. On 23 April 2019, the 10th meeting of the Standing Committee of the 13th National People’s Congress decided to amend eight laws, including the Trademark Law and the Anti-Unfair Competition Law. Among them, the revision of “Anti-Unfair Competition Law” is of great

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UNFAIR COMPETITION LAW LAWS.com

9 hours ago operators and consumers. Article 2 A business operator shall, in his market. transactions, follow the principles of voluntariness, equality, fairness, honesty and credibility and observe the generally. recognized business ethics. “Unfair competition” mentioned in this Law refers to a business.

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Assessing Unfair Pricing under China's AntiMonopoly Law for …

8 hours ago Assessing Unfair Pricing under China’s Anti-Monopoly Law for Innovation-Intensive Industries David S. Evans, Vanessa Yanhua Zhang, and Xinzhu Zhang* March 1, 2014 Abstract China, like a number of other antitrust jurisdictions, has a law concerning unfair pricing.

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The China AntiMonopoly Law Becomes Effective Jones Day

Just Now August 2008 Commentaries. After 14 years of consultation, deliberation, and delays, China finally adopted a new Anti-Monopoly Law ("AML") on August 30, 2007, which became effective on August 1, 2008. The first comprehensive antitrust law in China, it presents serious compliance challenges and risks for Chinese and non-Chinese companies alike.

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Philippine Competition Law (R.A. 10667) Philippine Competition …

9 hours ago Philippine Competition Law (R.A. 10667) The Philippine Competition Act (PCA) or R.A. 10667 is the primary competition policy of the Philippines for promoting and protecting competitive market. It will protect the well-being of consumers and preserve the efficiency of competition in the marketplace. The PCA was passed in 2015 after languishing

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Big Change of the Definition of Commercial Bribery China Law …

21.086.4171 hours ago

1. Section 1 of Article 8 of the AUCL states that: “A business operator shall not offer bribes in the form of property or by other means for the purpose of selling or purchasing products. If a business operator secretly pays kickbacks to the entity or individual people of the counterparty without record-keeping, the business operator shall be penalized for offering bribes; and the recipient shall be penalized for accepting bribes.” So, under the AUCL, commercial bribery referred to bribery from a business operator to an entity or individual of a counterparty. Bribery can be in the form of property or by other means, for the purpose of selling or purchasing products. Therefore, prior to the AUCLA, recipients of commercial bribery included both “entities and individuals of the counterparty”. The AUCLA has broadened the scope of recipients to include: 1. employees of the counterparty; 2. entities or individuals entrusted by the counterparty to handle relevant matters; 3. entities or indiv...

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Anticompetitive practices Wikipedia

5 hours ago Types. Dumping, also known as predatory pricing, is a commercial strategy for which a company sells a product at an aggressively low price in a competitive market at a loss.A company with large market share and the ability to temporarily sacrifice selling a product or service at below average cost can drive competitors out of the market, after which the company would be free

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Lightning fast IP reform in China: Trademark Law and AntiUnfair …

4 hours ago On 23 April 2019, both China’s Trademark Law (“TML“) and its Anti-Unfair Competition Law (“AUCL“) were amended. The amendments to the TML are aimed at curbing bad faith trademarks and

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Unfair competition Competition Law Essays LawAspect

Just Now China’s anti unfair competition law takes a different model with German’s legal control mode. It use the administrative to control, and supplemented by the judicial controlling. The rule of legal responsibility, the administrative legal liability hold a large proportion, the provisions of civil liability and criminal liability relative to less.

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New Chinese AntiMonopoly Law Insights Jones Day

4 hours ago China's National People's Congress ("NPC") finally adopted a new Anti-Monopoly Law ("AML") in August after more than 10 years of drafting. The law will take effect on August 1, 2008. Overview The new AML is a tremendous leap forward for China, bringing it squarely into the modern world of antitrust and competition law.

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Frequently Asked Questions

When does the Anti-Unfair Competition Law come into effect in China?

On 4 November 2017, the 30th Meeting of the Standing Committee of the Twelfth National People’s Congress of the People’s Republic of China passed an amendment to the Anti-Unfair Competition Law of the People’s Republic of China (“ Anti-Unfair Competition Law ”), which will come into effect on 1 January 2018.

Is it illegal to reduce competition by unfair means?

Many countries around the world, including the United States, Canada and the European Union, have enacted competition laws that make it illegal for firms to reduce competition by unfair means — for example, price fixing, bid rigging, group boycotts and agreements to allocate markets or customers.

How is bribery defined in the Anti Unfair Competition Law?

Article 8 of the current Anti-unfair Competition Law provides, using an undefined word “bribe” to describe bribery activities, that business operators must not, by using money, property or other methods, bribe others in order to sell or purchase goods.

What are the basic principles of Asia Pacific Competition Law?

Explains the fundamental principles of Asia-Pacific competition law (sometimes known as “antitrust" or “anti-monopoly” law), which encourages vigorous competition between firms by prohibiting predatory and anti-competitive agreements and practices.

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