Order
of the President of the People's Republic of China
(No. 50)
The Anti-Unfair Competition Law of the People's Republic of China, revised and
adopted at the 26th Session of the Standing Committee of the Fourteenth
National People's Congress of the People's Republic of China on June 27, 2025,
is hereby issued, and shall come into force on October 15, 2025.
Xi Jinping, President of the People's Republic of China
June 27, 2025
Anti-Unfair Competition Law of the People's Republic of China
(Adopted at the 3rd Session of the Standing Committee of the Eighth National
People's Congress of the People's Republic of China on September 2, 1993;
revised for the first time at the 30th Session of the Standing Committee of the
Twelfth National People's Congress on November 4, 2017; amended in accordance
with the Decision to Amend Eight Laws Including the Construction Law of the
People's Republic of China adopted at the 10th Session of the Standing
Committee of the Thirteenth National People's Congress of the People's Republic
of China on April 23, 2019; revised for the second time at the 16th Session of
the Standing Committee of the Fourteenth National People's Congress on June 27,
2025)
Contents
Chapter I General Provisions
Chapter II Acts of Unfair Competition
Chapter III Investigation of Suspected Acts of Unfair Competition
Chapter IV Legal Liability
Chapter V Supplemental Provisions
Chapter I General Provisions
Article
1 This Law is enacted for
the purposes of promoting the sound development of the socialist market economy,
encouraging and protecting fair competition, preventing and stopping acts of
unfair competition, and safeguarding the lawful rights and interests of
businesses and consumers.
Article
2 Businesses shall, in
production and operations, abide by the principles of voluntariness, equality,
fairness and good faith, observe the laws and business ethics, and participate
in market competition fairly.
For the purposes of this Law, "act of unfair competition" means that
in its production or distribution activities, a business disrupts the order of
market competition and causes damage to the lawful rights and interests of the
other businesses or consumers or the public interest in violation of this Law.
For the purposes of this Law, "business" means a natural person, a
legal person, or a non-legal person organization that engages in the production
or distribution of commodities or the provision of services (commodities and
services are hereinafter collectively referred to as “commodities”).
Article
3 Anti-unfair competition
work shall adhere to the leadership of the Communist Party of China.
The state improves anti-unfair competition rules and systems, strengthens
anti-unfair competition law enforcement and justice, maintains orderly market
competition, and improves the unified, open, competitive and orderly market
system.
The state establishes and improves a fair competition review system,
strengthens fair competition review in accordance with the law, and ensures
that various businesses have equal access to factors of production and fairly
participate in market competition in accordance with the law.
Article
4 People's governments at
all levels shall take measures to prevent and stop acts of unfair competition
and create a good environment and conditions for fair competition.
The State Council shall establish and improve a coordination mechanism of
anti-unfair competition work and coordinate the handling of major issues on
maintaining the order of market competition.
Article
5 Departments that perform
the duty of market regulation of people's governments at or above the county
level shall supervise and inspect acts of unfair competition. Where laws and
administrative regulations provide for supervision and inspection by another
department, such laws and administrative regulations shall apply.
Article
6 The state encourages,
supports, and protects public scrutiny, from all organizations and individuals,
of acts of unfair competition.
State organs and their employees shall not support or harbor acts of unfair
competition.
Industry organizations shall strengthen industry self-regulation, guide and
regulate the law competition among the businesses in their industries, and
maintain the order of market competition.
Chapter II Acts of Unfair Competition
Article
7 A business shall not
commit the following acts of confusion to mislead a person into believing that
a commodity is one of another person or has a particular connection with
another person:
(1) Using without permission a label identical or similar to the name,
packaging or decoration, among others, of another person's commodity with
certain influence.
(2) Using without permission another person's enterprise name (including an
abbreviation or trade name) or individual name (including a pseudonym, stage
name, username, or name translation) with certain influence.
(3) Using without permission the main part of the domain name, website name,
web page, new media username, or application name or icon of another person
with certain influence.
(4) Other acts of confusion sufficient to mislead a person into believing that
a commodity is one of another person or has a particular connection with
another person.
Using without permission another's registered trademark or unregistered
well-known trademark as the trade name in an enterprise name, or setting
another person's product name, enterprise name (including an abbreviation or
trade name), registered trademark, or unregistered well-known trademark, among
others, as a search engine keyword, thereby misleading others into believing
that it is the other person's product or that it has a specific connection with
the other person, is an act of confusion as provided for in the preceding
paragraph.
A business shall not help another person commit an act of confusion.
Article
8 A business shall not seek
transaction opportunities or competitive edges, by bribing the following
entities or individuals with property or by any other means:
(1) An employee of the other party to a transaction.
(2) The entity or individual authorized by the other party to a transaction to
handle relevant affairs.
(3) An entity or an individual that uses power or influence to affect a
transaction.
An entity or individual specified in the preceding paragraph shall not accept
bribes.
A business may, in a transaction, explicitly pay a discount to the other party
to the transaction, or pay a commission to an intermediary. In either case, the
business shall faithfully make an entry in its account book. The business
receiving the discount or commission shall also faithfully enter it into its
account book.
A bribery committed by an employee of a business is deemed to have been
committed by the business, unless the business has evidence that the act of the
employee is irrelevant to seeking a transaction opportunity or competitive edge
for the business.
Article
9 A business shall not
conduct commercial promotion, either false or causing misunderstanding, in
relation to the performance, function, quality, sales condition, clients'
comments and the awards with respect to its products, to fraud or mislead
consumers and other businesses.
A business shall not help another business conduct any false or misleading
commercial publicity by organizing false transactions, false reviews, or any
other means.
Article
10 A business shall not
commit the following acts of infringing upon trade secrets:
(1) Acquiring a trade secret from the right holder by theft, bribery, fraud,
coercion, electronic intrusion, or any other illicit means.
(2) Disclosing, using, or allowing another person to use a trade secret
acquired from the right holder by any means as specified in the preceding
subparagraph.
(3) Disclosing, using, or allowing another person to use a trade secret in its
possession, in violation of its confidentiality obligation or the requirements
of the right holder for keeping the trade secret confidential.
(4) Abetting a person, or tempting, or aiding a person into or in acquiring,
disclosing, using, or allowing another person to use the trade secret of the
right holder in violation of his or her non-dis......