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"Anti-Unfair Competition Law (Revised Draft)"Expert Consultation Held Successfully

On March 11, 2016, "Anti-Unfair Competition Law (Revised Draft)" Expert Seminar &2016 the 9th Legislative Expert Consultation of Chinese LawSociety was held in Beijing, organized by China Law Society and sponsored by Research Department of China Law Society, Economic Law Research Association, and Competition Law Research Center of Peking University.

Vice President of China Law Society, Director of Academic Committee Prof. Zhang Wen hosted the conference. Director of Research Department of China Law Society Li Shichun, the State Council Legislative Affairs Office of Commercial Industry and Communication System Division Deputy Director GuoQiwen, Deputy Researcher Wang Feng, and Regulations Department of SAIC Director Jiang Tianbo,Deputy Director YuBaokuan attended the meeting.

In the beginning of the seminar, Deputy Director GuoQiwen and Director Jiang Tianbo introduced the comments and drafting background. Experts from universities, research institutes, courts, law firms, companies attended the seminar. What all experts agreed with was that since the promulgation of "Anti-Unfair Competition Law",it played a very important role in market competition. Faced with changes in the market economy and new acts of unfair competition, the complete revision of "Anti-Unfair Competition Law" wasnecessary. "Anti-Unfair Competition Law (Revised Draft)" in many ways reflected the new needs to the anti-unfair competition legal system under the circumstance of the new economic and social development. Meanwhile, experts proposed amendments on the "Anti-Unfair Competition Law"(draft for review) from the following points of view: 1) legislative purposes and principles; 2) the legal position; 3) relations among "Anti-Monopoly Law", "Consumer Protection Law", "Trademark Law" and other laws; 4) general terms; 5) the system of implementation; 6) related provisions of the existing six kinds ofacts of unfair competition; 7) abuse of dominant position; the regulation of acts of unfair competition in the field of Internet; 8) the symmetry between powers and responsibilities of the regulatory body; 9) the form of legal liability and legal system; and so on.

Director of Peking University Competition LawResearch Center, Deputy General-Secretary of China Law Society Economic Law Research Association XiaoJiangping, on behalf of contractors, presented expert constitution of this seminar and thanked the attendingexperts and the experts to submit written comments.

Director of the Research Department of Law LiShichun, made the conclusion and expressed gratitude to the State Council Legislative Affairs Office, SAIC, the China Economic Law Research Association as organizer, and Peking University Competition Law Center. He promised that after the meeting they would formulate experts’ opinions on the basis of oral discussions and written comments and submit to the State Council Legislative Affairs Office.


Translated by: Li Rui

Edited by: Tian Yajuan