Interpretation on Several Issues Concerning the Application of the Law in Trials of Civil Unfair Competition Cases

最高人民法院关于审理不正当竞争民事案件应用法律若干问题的解释

The Interpretation addresses the adjudication of civil unfair competition cases includimg counterfeits, falsified advertisement, trade secrets, defamation.

(Promulgated by the Supreme People's Court on January 12 2007 and effective as of February 1 2007.)

(最高人民法院于二零零七年一月十二日公布，自二零零七年二月一日起施行。 )

SPC Interpretation [2007] No.2

法释 [2007] 2号

The Interpretation has been formulated pursuant to the relevant provisions of laws such as the PRC General Principles for Civil Law, the PRC Anti-unfair Competition Law, the PRC Civil Procedure Law (2nd Revision), etc., while taking into account experiences in previous trials and actual circumstances, in order to correctly try civil unfair competition cases, protect the lawful rights and interests of business operators in accordance with the law, and maintain competition in the market.

为了正确审理不正当竞争民事案件，依法保护经营者的合法权益，维护市场竞争秩序，依照《中华人民共和国民法通则》、《中华人民共和国反不正当竞争法》、《中华人民共和国民事诉讼法》等法律的有关规定，结合审判实践经验和实际情况，制定本解释。

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