3RD EU-CHINA IP ACADEMIC FORUM The recent amendment of the Anti-unfair Competition Law in China and its Implications-from the perspective of Art.39 of TRIPS   Abstract:  The Anti-unfair Competition Law of 1993 was firstly amended in recent to meet the need of Chinese developing economy and market competition. But, one of unchanged part is the Art.10 in respect of the protection for business secrets. Even though it remains unchanged, it has current implication from the perspective of Art. 39 of TRIPS Agreement which requires the WTO Members protect undisclosed information including traditional category of business secrets, however no obligation has been imposed on the WTO members to make any special legislation in this regard. Thus, it seems that China is fully compliance with its obligation to protect business secrets already. It is interesting that the European Union complains that China dose not protect business secrets related to foreign technology transfer in China. It would be necessary to clarify the obligation under Art.39 of TRIPS Agreement and to explore any possibility to improve the legal system of protection for business secrets in China.