Collective Management Organizations’ lack of good governance and transparency is incompatible with the Extended Collective License (ECL). The ECL might be unfit for the digital world. National treatment for foreign rightsholders is not guaranteed. The ECL arrangement cannot pass the three-step test. The ECL in the draft of the third amendment of the Chinese Copyright Act may result in an unbalanced competition between Chinese copyright holders and foreign copyright holders. In the online world, the implementation of an ECL may be risk violating international copyright conventions. In light of not only China’s poorly established CMC but also Chinese CMOs’ lack of good governance, ECLs either should be put on hold (at least for now) or should only be exercised in special cases in which international copyright conventions permit the use of a non-voluntary licence. With regard to the possible abuse of ECLs, this article proposes the establishment of either mandatory international regulations or soft-law guidance.

Trademark law is but part of competition law. With a good faith clause, the new Chinese trademark law moves closer to competition law. The new law is more liberal to the registrable signs with more non-traditional signs such as sound marks and flora in the family of registrable signs. Some kind of bona fide prior use of trademark is respected and the requirement of trademark use is strengthened in the new law. The likelihood of confusion has been absorbed in the new law as the prerequisites trademark infringement other than using identical marks on identical goods or services. In the new law, a clause against using well-known trademarks as tool to promoting products is formulated. Changes on the procedures of oppositions to trademarks witness the efforts to simplify the examination of trademarks. The stronger protection efforts such as punitive damages in the new law will go against trademark infringement.