China tightens grip on unfair competition


Pei Lyu

China tightens grip on unfair competition

Corgarashu /

Increased punitive damages and extended civil liabilities raise the stakes for infringers, explains Pei Lyu and Kevin Han of Gen Law Firm.

On November 22, 2022, the China State Administration for Market Regulation released draft amendments (the Draft) to the Anti-Unfair Competition Law (AUCL).

It has been three years since the last round of amendments in 2019, which were mostly intended to implement promises China made in the US-China Economic and Trade Agreement, especially on enhancing trade secret protection.

This time, the proposed amendments seem to be very thorough, almost touching upon all aspects of the anti-unfair competition law, from general principles and specific forms of unfair competition conduct, to legal liabilities. Below are highlights of the Draft.

China, State Administration for Market Regulation, Anti-Unfair Competition Law, unfair competition, punitive damages, Gen Law, trade secret protection