In order to resolve the legal conflicts in regulatory paths,scope and liability in adjusting unfair competition disputes,it is shifted in many countries from applying general tort conflict rules to separately formulating differentiated conflict rules based on"market place rules"for foreign-related unfair competition disputes.Although there is inherent rationality in"market place rules",their scope excludes those situations that only affect the interests of specific competitors,which does not conform to the inherent logic of unfair competition substantive law.Therefore,the standard of"whether the market place can be determined"should be used in formulating differentiated conflict rules,that is,when the market place can be determined,the"market place rules"shall apply;otherwise,the tort conflict rules that are connected by the location chosen by the parties in agreement,the place of closer contact,and the place of delict shall apply.In China,differentiated conflict rules shall be formulated for unfair competition,but it is necessary to revise the distinguishing standards and adopt conflict rules that use the seat of the victim's business institution or the location chosen by the parties through agreement as the connecting points when the market location cannot be determined.
unfair competitionmarket place rulesdifferentiated conflict rules
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