NEWS:
 
TEL:0371-8672252
E-MAIL:service@gdhongganji.com
Work guide

People's Republic of China against unfair competition law

Chapter   total    

the first to safeguard the healthy development of the Socialist market economy, encourage and protect fair competition, to stop acts of unfair competition, protection of legal rights of operators and consumers, this law is enacted.
in the second operator in the market, you should follow the principle of voluntariness, equality, fairness, honesty and credibility, comply with generally recognized business ethics. The law of unfair competition, refers to the breach of the provisions of this law to the detriment of other legitimate rights and interests, disrupt social and economic order. Operators in this law, is engaged in commercial
management or profit-making services (referred to in the following items including services) the legal persons, other   economic organizations and individuals.
the third people's Governments at various levels shall adopt measures to stop acts of unfair competition, and create a favorable environment and conditions for fair competition. Administration for industry and Commerce above the county level people's Government supervision and inspection of acts of unfair competition laws and administrative regulations by the   supervision and inspection in accordance with the provisions of the he sector.
fourth the State encourages, supports and protects all organizations and individuals to exercise social supervision over acts of unfair competition. Functionaries shall not support cover up acts of unfair competition.  
second chapter not due competition behavior   fifth article   operators shall not used following not due means engaged in market trading, damage competition opponents:
(a) fake others of registered trademark;
(ii) unauthorized using well-known commodity unique of name, and packaging, and loaded Huang, or using and well-known commodity approximate of name, and packaging, and loaded Huang, caused and others of well-known commodity phase confusion, makes purchase who errors think is the well-known commodity;
(C) the unauthorized use of another person's business name or name, people mistook for the goods of others;
(d) on the goods counterfeiting or fraudulent use of certification mark, famous marks or other quality marks, forge the origin, a false of misleading representation of the product quality.
sixth public enterprise or other legal operators with exclusive status, shall not restrict others to purchase the goods of designated operators, to exclusion of other operators and fair competition.
seventh Governments and their subordinate departments shall not abuse their administrative power to limit others to purchase the goods of designated operators, restricting legitimate business activities of other operators. Government and its subordinate departments shall not abuse their administrative power to limit foreign goods to enter local markets, or the flow of local goods to markets outside.
eighth an operator shall not use property or other means to pay bribes to the selling or buying of goods. In accounts outside the covertly giving each other units or individuals kickbacks, bribes shall be punished; the other units or individuals hidden in secret kickbacks, bribes shall be punished. Operators selling or buying goods, expressly to offer a discount, finders ' fees. Operators to offer a discount, finders ' fees, must be accurately recorded. Operators receive discounts, commissions must be accurately recorded.
Nineth operator shall not use advertisements or other methods, performance, product quality, production components, producer, expiry date, country of origin, and other misleading false advertising. Advertising agents who may not know or should have known of the case, acting, design, production and publishing of false advertising.
tenth article operators shall not used following means violations commercial secret:
(a) to theft, and inducements, and stress or other not due means gets right people of commercial secret;
(ii) disclosure, and using or allows others using yiqian items means gets right people of commercial secret;
(three) violation agreed or violation right people about conservative commercial secret of requirements, disclosure, and using or allows others using its by master of commercial secret. The third party knows or should know the illegal acts mentioned in the preceding paragraph, obtains, uses or discloses the trade secrets of others, as a trade secret. Secrets mentioned in this article, is not known to the public, and for the right person to bring economic benefits, is functional, and rights of persons to confidentiality of technical information and business information.
11th operator shall not to drive the opponent out for the purpose of selling goods at below-cost prices. Any of the following circumstances, does not belong to inappropriate behaviour:
(a) selling fresh goods:
(b) valid for goods is about to expire, or of other overstocked goods;
(c) seasonal price;
(d) the debt, converting, closing sale merchandise.
article 12th sale of goods shall not be contrary to the purchaser a tie-in or attach other unreasonable conditions.
13th operator shall not engage in the following prize:
(a) lying about award-winning staff-fixing or deliberately deceiving way of winning sweepstakes;
(b) the use of sweepstakes marketing quality and high prices of commodities;
(c) sweepstakes, sweepstakes, the highest prize amount no more than 5,000 yuan.
14th an operator shall not utter or disseminate falsehoods to damage the reputation of competitors, product reputation.  
section 15th tenderers shall not submit tenders in collusion with one price price up or down. Tenders and tenders not collusion to keep competitors and fair competition.

Chapter   inspection  

16th supervision and inspection departments at and above the county level shall acts of unfair competition, supervision and inspection.  
17th article supervision check sector in supervision check not due competition behavior Shi, right to exercise following terms:
(a) according to provides program asked was check of operators, and interest relationship people, and proved people, and requirements provides proved material or and not   due competition behavior about of other information;
(ii) query, and copy and not due competition behavior about of agreement, and account book, and documents, and file, and records, and business correspondence and other information;
(C) examination and fifth of this law stipulates that the acts of unfair competition related to the property and, if necessary, the operator stating that the goods may be ordered to be examined sources and quantity of the sales suspension, waiting for the check, and may not transfer, concealment, destruction of property.
18th supervision staff supervision and inspection of acts of unfair competition, and shall produce warrants of inspection.
19th supervision and inspection departments in monitoring and investigating acts of unfair competition, the business operators under investigation, interested parties and reference   or shall provide relevant information.

fourth chapter   legal responsibility

20th article operators violation this method provides, to was against of operators caused damage of, should bear damage compensation responsibility, was against of operators of loss to calculation of, compensation amount for infringement during for infringement by get of profit; and should bear was against of operators for survey the operators against its lawful rights and interests of of not due competition behavior by paid of reasonable costs. Operators ' legal rights and interests of victims of acts of unfair competition, may initiate litigation to the people's Court.
article 21st of counterfeiting the registered trademark of, and unauthorized use of someone else's business name or name, forgery or fraudulent use of certification marks, the famous flag quality mark, forge the origin and false of misleading representation of the quality of goods, in accordance with the people's Republic of   and the trademark law and the People's Republic of China product quality law are punishable. Operators unauthorized using well-known commodity unique of name, and packaging, and loaded Huang, or using and well-known commodity approximate of name, and packaging, and loaded Huang, caused and others of well-known commodity phase confusion, makes purchase who errors think is the well-known commodity of, supervision check sector should ordered stop violations, confiscated illegal proceeds, can according to plot sentenced illegal proceeds 1 time times above three times times following fine; plot serious of, can revoked license; sales fake commodity, constitute crime of, law held criminal.
article 22nd property or other means to pay bribes to the selling or buying of goods, constitutes a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, supervising and inspecting authority may, according to circumstances, impose fines of less than 10,000 yuan and 200,000 yuan, illegal income shall be confiscated.
23rd or other corruption of public enterprises has a monopoly operator, limit others to purchase the goods of designated operators, to exclusion of other operators of fair competition, supervision and inspection departments of the provincial or city divided into districts shall order him to desist from the illegal act, according to circumstances, impose fines of less than 50,000 yuan and 200,000 yuan. Designated operators take the high selling price of merchandise or overcharging, supervision and Inspection Department shall confiscate the illegal income, according to circumstances, impose illegal gains more than 1 time fined not more than three times.
24th was used for advertising or any other method, introducing misleading false advertising on commodities, supervision and inspection departments shall order him to desist from the illegal act, to remove, according to circumstances, impose fines of less than 10,000 yuan and 200,000 yuan. Advertising Manager, knows or should know of the case, acting, design, production and publishing of false advertising, supervision and inspection departments shall be ordered to stop the law, confiscation of illegal income, and impose a fine under the law.
25th article violates this law article tenth of stealing commercial secrets, the control and inspection authorities shall order him to desist from the illegal act, to   according to circumstances, impose fines of less than 10,000 yuan and 200,000 yuan.
26th sweepstakes operator violating this law 13th article, supervision and inspection departments shall be ordered to stop illegal  , according to circumstances, impose fines of less than 10,000 yuan and 100,000 yuan.
27th bidders bid-rigging, price up or down the price; bidders and bidding collusion to keep competitors and fair competition, which is not valid. Supervising and inspecting authority may, according to circumstances, impose fines of less than 10,000 yuan and 200,000 yuan.
article 28th infringements had been ordered to suspend sales, may not transfer or concealment, destruction and acts of unfair competition of pollution related to property, supervising and inspecting authority may, according to circumstances, impose on the sale, transfer, concealment, destruction of property price more than 1 time times three times   the following fines.
29th party refuses to accept the punishment decision on supervision and Inspection Department, 15th days after receipt of the decision in the higher competent authority for reconsideration is not satisfied with the reconsideration decision, since the date of receiving the written reconsideration decision initiate litigation to the people's Court in the 15th or you can directly initiate litigation to the people's Court.
article 30th article seventh and its subordinate departments of the Government in violation of the law, and qualified others to buy its designated operator of goods, restricting legitimate business activities of other operators, or restrict the normal circulation of commodities between regions, the authorities ordered to correct serious, peer or superior authority directly responsible shall be given administrative sanctions. Designated operators take the high selling price of merchandise or overcharging, supervision and inspection departments shall confiscate the illegal income, according to circumstances, impose illegal gains more than 1 time fined not more than three times.
31st functionary of the supervision and inspection of acts of unfair competition abuses, neglect their duties, constitutes a crime,  shall be investigated for criminal liability does not constitute a crime, administrative sanctions.
32nd State organ functionary of the supervision and inspection of acts of unfair competition, who knowingly violates the provisions of this law constitutes a crime operators intentionally screens don't make him from prosecution, criminal responsibility shall be investigated according to law.

© 2017 Zhengzhou Blueprint Trademark Registration Office, All rights reserved.