China

2019 ◽  
pp. 107-145
Author(s):  
Andrew Boutros
Keyword(s):  
Criminal Law ◽  
Civil Law ◽  
Competition Law ◽  
Unfair Competition ◽  
Government Agencies ◽  
Legal Provisions ◽  
Unfair Competition Law ◽  
Commercial Bribery ◽  
Official Corruption ◽  
Judicial Interpretations

China’s anti-corruption legislation prohibits both official corruption and commercial bribery. China is a civil law country. It does not have a uniform national anti-corruption law yet, and the relevant anti-corruption legal provisions are mainly in the PRC Criminal Law and the PRC Anti-Unfair Competition Law. In addition to these two key legislations, there are also regulations and judicial interpretations issued by relevant government agencies and Supreme People’s Court to address implementation issues under the law. Since China’s president, Jinping Xi, came to power in 2012, China has launched an anti-corruption campaign. The 19th CCP Congress in 2017 continues to send strong signals to fight against corruption.

Influencer Marketing

2021 ◽  
Author(s):  
Felix Maatz
Keyword(s):  
Competition Law ◽  
Regulatory Framework ◽  
Unfair Competition ◽  
Unfair Competition Law ◽  
Modern Form

Influencers are omnipresent in various appearances in today's media landscape. Nevertheless, there is a lack of uniform handling of media and unfair competition law standards. In fact, divergences in decisions by regional and higher regional courts have led to uncertainties in answering the question of whether and how publications by influencers must comply with any advertising labelling obligations. The author takes this as an opportunity to clarify the key problem areas and, at the same time, to determine whether the existing legal regulatory framework is sufficient and capable of producing appropriate and interest-oriented results for a modern form of advertising such as influencer marketing.

Das Verhältnis zwischen Marken- und Lauterkeitsrecht beim Schutz von Unternehmenskennzeichen

2021 ◽  
Author(s):  
Yaotian Chai
Keyword(s):  
Comparative Study ◽  
Hard Rock ◽  
Competition Law ◽  
Federal Court ◽  
Unfair Competition ◽  
Application Domain ◽  
Trademark Law ◽  
Court Of Justice ◽  
Unfair Competition Law ◽  
Federal Court Of Justice

Company signs can be protected by trademark law and unfair competition law. However, can the two legal instruments be applied cumulatively? If the results obtained under the two laws conflict with each other, how can the conflict be resolved? The German Federal Court of Justice has confirmed the principle of cumulative application in the Hard-Rock-Café judgement in 2013. However, in this case, the result under unfair competition law was aligned with that under trademark law. This approach seems doubtful. This comparative study seeks to delimit the application domain of unfair competition law besides trademark law by protection of company signs and to find the appropriate approach by contradictory results.

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