The unfair competition referred to in these measures, refers to the operators in violation of the "Chinese People's *** and the State Anti-Unfair Competition Law" and the provisions of these measures, to the detriment of the lawful rights and interests of other operators, and disrupt the social and economic order. Article 4 The administration for industry and commerce of the people's governments at or above the county level is the competent authority for the supervision and inspection of acts of unfair competition. Laws and administrative regulations provide for supervision and inspection by other departments, subject to their provisions.
The relevant law enforcement agencies shall support, cooperate with, and safeguard the supervisory and inspection authorities to perform their duties in accordance with the law. Article 5 Any organization or individual has the right to report to the supervision and inspection organs of unfair competition. Reported to the informer retaliation, according to the law shall be dealt with severely.
Supervision and inspection authorities shall maintain the confidentiality of the informant, and reward the reporting of meritorious persons, rewards by the provincial people's government separately. Article VI of the state organs and their staff shall not support, harbor, participate in unfair competition. Violators shall be dealt with in accordance with relevant state regulations. Article 7 Operators shall not engage in the following infringement of the exclusive right to use registered trademarks and counterfeiting of registered trademarks:
(1) without the permission of the owner of the registered trademark, the use of the same or similar trademarks on the same or similar goods;
(2) on the same or similar goods, and other people's registered trademarks, words, graphics, as the same or similar to (ii) using words or graphics identical or similar to another person's registered trademark as a trade name or trade dress on the same or similar goods, which is sufficient to cause misrecognition;
(iii) selling goods which are known or should be known to be counterfeit or infringing upon the exclusive right to use the registered trademark;
(iv) counterfeiting or unauthorized manufacture of another person's registered trademark mark or selling counterfeit or unauthorized manufacture of a registered trademark mark;
(v) intentionally providing warehousing, transportation, mailing, concealment, or other services for the counterfeiting of registered trademarks. (e) Intentionally providing storage, transportation, mailing, concealment and other convenient conditions for the counterfeiting of registered trademarks. Article 8 Operators shall not use without authorization the names, packages and decorations unique to well-known goods in production and sales, or use names, packages and decorations similar to those of well-known goods, so as to cause confusion with the well-known goods of others and make the purchasers mistakenly believe that they are such well-known goods. Article 9 The operator shall not use another person's enterprise name or name, as well as the words, graphics, code names and signs representing his name or name without authorization in the production and operation of the goods, to induce people to mistake them for the goods of others.
Operators leasing others counters, sites, facilities and other commodities business, should be in a conspicuous position on the business license shall be hung, shall not pretend to be the lessor of the business activities. Article 10 operators in the production and sale of goods or their packaging shall not be used in the following means, the quality of goods to induce misleading false representation:
(a) forgery or fraudulent use of certification marks, famous and excellent marks and other quality marks, the use of canceled quality marks;
(b) forgery or fraudulent use of patent marks, the use of invalidated patent number;
(c) Fake or fraudulent use of quality inspection certificate, license number, permit number or supervisory unit of production;
(d) Fake or fraudulent use of the place of production of goods, manufacturing, processing;
(e) false representation of the performance of the goods, use, specifications, grades, quantities, production of ingredients and content;
(f) Fake the date of production of commodities, the date of safe use and expiration date Or fuzzy labeling of the date;
(VII) commodities and their packaging should be marked on the content is not marked in accordance with the provisions. Article 11 The operator shall not use advertising or other methods, the price of goods, quality, performance, use, composition, producer, expiration date, origin, after-sales service, as well as the promotion of goods attached to the variety and quantity of gifts to make misleading and false propaganda.
Other methods referred to in the preceding paragraph include the following acts:
(1) hiring or collaborating with others to carry out deceptive sales inducements;
(2) on-site false demonstrations and explanations;
(3) posting, distributing, mailing false product manuals and other promotional materials;
(4) in the premises of the business of the goods made a false word Marking, description or explanation;
(E) through the mass media to make false publicity.
Operators and publishers of advertisements shall not represent, design, produce or publish false advertisements.
The mass media and their workers shall not make false reports on operators or commodities. Article 12 A public enterprise or other operator with an exclusive position in accordance with law shall not engage in the following acts of restricting competition:
(1) restricting consumers to the purchase or use of goods provided by it or by an operator designated by it, and excluding the similar goods of other operators that meet the requirements of technical standards;
(2) compelling consumers to purchase goods or accessories provided by it or designated by it, or to impose a restriction on the use of goods or accessories provided by it, or to impose a restriction on the use of goods or accessories provided by it. (b) Forcing consumers to purchase goods or accessories provided by it or by operators designated by it, or forcing consumers to provide paid services;
(c) Refusing, interrupting, delaying, or cutting back on the provision of necessary goods or charging abusive fees to consumers who undermine the above mentioned behaviors.