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April 07
INTA Submits Comments to the State Council Legislative Affairs Office

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On March 21, INTA’s Unfair Competition Committee submitted comments to the State Council Legislative Affairs Office (SCLAO) in China on the current draft revision of the Anti-Unfair Competition Law. INTA believes that this draft legislation will further protect consumers in China and discourage unfair business practices.

Although INTA supports most of the amendments proposed in the Draft, there were certain provisions that INTA encourages SCLAO to consider, including: 

  1. SCLAO should consider provisions that protect translation and transliteration of certain commercial marks;
  2. The definitions contained in the Anti-Unfair Competition Law should align with the Trademark law of the People’s Republic of China;
  3. The threshold for a finding of unfair completion should be a likelihood of causing market confusion and not actual confusion; 
  4. SCLAO should consider a Miscellaneous Provision to the proposed law. 

For more information, please read the full comments submitted by INTA or contact INTA’s Asia-Pacific Chief Representative, Mr. Seth Hays at shays@inta.org

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