The prohibition of unfair competition in China and Russia: Сomparative legal research

Abstract

The article presents the results of a comparative legal analysis of the prohibition of unfair competition in the People’s Republic of China and the Russian Federation. The author reviewed the history of the creation and the current provisions of the Anti-Unfair Competition Law of the People’s Republic of China of 1993, which secure the definition of the concept of unfair competition as well as a number of norms of this law on certain acts of such competition. The Chinese legislation is compared with the domestic Federal Law “On the Protection of Competition” of 2006. The Convention on the Protection of Industrial Property of 1883 is also analyzed in the relevant part. A narrower understanding of unfair competition has been established in the Federal Law “On Protection of Competition” in comparison to how it is considered in Chinese law and in the Paris Convention for the Protection of Industrial Property. It is concluded that in order to improve Russian antimonopoly legislation, a broader definition of unfair competition in the Anti-unfair Competition Law of the People’s Republic of China is valuable. In addition, it may be useful for the domestic legislator to draw attention to the relatively new provisions of the said PRC Law on prohibiting unfair competition on the Internet. In order to improve Russian law, it is proposed to transfer from Chinese law a ban for business entities to use assets or other means to bribe contractors and their representatives in search of opportunities for transactions or competitive advantages. It is also worthwhile to look at the experience of the neighboring country and to include in the Federal Law “On the Protection of Competition” relevant offenses when conducting promotional activities as a special kind of acts of unfair competition.