Shuozhou government procurement network in the Chinese people's *** and the State of the basic content of the anti-unfair competition law:
Chapter I General Principles
Article 1 In order to safeguard the healthy development of the socialist market economy, to encourage and protect the fair competition, to stop the behavior of unfair competition, and to protect the lawful rights and interests of the operators and consumers, the enactment of this law.
Article 2 In market transactions, operators shall follow the principles of voluntariness, equality, fairness, honesty and credit, and abide by generally recognized business ethics.
Unfair competition, as referred to in this Law, refers to the violation of the provisions of this Law by an operator to the detriment of the lawful rights and interests of other operators, and to the disruption of the social and economic order.
The operators referred to in this Law are legal persons, other economic organizations and individuals engaged in the operation of commodities or profit-making services (hereinafter referred to as commodities including services).
Article 3 The people's governments at all levels shall take measures to stop unfair competition and create a favorable environment and conditions for fair competition.
Administration for industry and commerce of the people's governments at or above the county level to supervise and inspect acts of unfair competition; laws and administrative regulations provide for the supervision and inspection of other departments, in accordance with its provisions.
Article 4 The State encourages, supports and protects all organizations and individuals to conduct social supervision of unfair competition.
State organ staff shall not support or harbor acts of unfair competition.
Chapter II: Unfair Competition
Article 5 Operators shall not use the following unfair means to engage in market transactions, to the detriment of competitors:
One: Counterfeiting another's registered trademark;
Two: Unauthorized use of the name, packaging, and decorations unique to the well-known goods, or the use of the name, packaging, and decorations similar to the well-known goods, resulting in confusion with the well-known goods of others. Commodity confusion, so that the buyer is mistaken for the well-known goods;
three unauthorized use of another person's enterprise name or name, misleading people into believing that it is another person's goods;
four in the goods on the counterfeit or fraudulent use of certification marks, famous and excellent marks and other quality markers, falsification of the place of origin, the quality of the goods on the misleading false representation.
Article 6 A public enterprise or other operator with independent status in accordance with the law shall not restrict others from purchasing the goods of the operator designated by it in order to crowd out fair competition among other operators.
Article 7 The government and its subordinate departments shall not abuse their administrative power to restrict others from purchasing the goods of their designated operators, or to restrict the legitimate business activities of other operators.
The government and its subordinate departments shall not abuse their administrative power to restrict the entry of foreign commodities into the local market or the flow of local commodities to the foreign market.
Article 8 Operators shall not use property or other means of bribery to sell or buy goods. Off the books secretly give the other unit or individual kickbacks, shall be punished as bribery; the other unit or individual off the books secretly receive kickbacks, shall be punished as bribery.
An operator who sells or buys goods may give discounts to the other party in an explicit manner and may give commissions to intermediaries. Operators to give each other discounts, commissions to intermediaries, must be truthfully accounted for. The operator who accepts the discounts and commissions must be truthfully accounted for.
Article IX operators shall not use advertising or other methods, the quality of goods, production methods, performance, use, producer, expiration date, origin and other misleading and false propaganda.
Operators of advertisements shall not represent, design, produce or publish false advertisements knowingly or knowingly. In violation of the agreement or violation of the right holder's requirements on the preservation of trade secrets, disclosure, use or allow others to use the trade secrets in their possession.
The third party knows or should know the illegal behavior listed in the preceding paragraph, obtaining, using or disclosing other people's trade secrets, shall be regarded as infringement of trade secrets.
The commercial secrets referred to in this article refers to the technical and business information that is not known to the public, can bring economic benefits to the right holder, and has the practicality and confidentiality measures taken by the right holder.
Article 11 The operator shall not sell goods at a price below cost for the purpose of crowding out competitors.
It is not an act of unfair competition if any of the following circumstances applies:
1 selling fresh and live commodities;
2 disposing of commodities whose expiration dates are about to expire or other commodities that are backlogged;
3 seasonal price reductions;
4 price reductions in the sale of commodities due to the liquidation of debts, the transfer of production, or the closure of a business.
Article 12 Operators selling commodities shall not sell commodities against the will of the purchaser or attach other unreasonable conditions.
Article 13 Operators shall not engage in the following sales with prizes:
One, sales with prizes by means of deception by falsely claiming that there are prizes or by intentionally letting the insiders win the prizes;
two, sales of low-quality and high-priced commodities by means of sales with prizes;
three, sales of prizes by lottery, with the maximum prize exceeding 5,000 yuan.
Article 14 Operators shall not fabricate or disseminate false facts to damage the business reputation of competitors or the reputation of goods.
Article 15 Bidders shall not collude in bidding, raise the bid price or lower the bid price.
Tenders and bidders shall not collude with each other in order to marginalize the fair competition of competitors.
Chapter III Supervision and Inspection
Article 16 Supervision and inspection departments at or above the county level may conduct supervision and inspection of unfair competition.
Article 17 In supervising and inspecting acts of unfair competition, the supervision and inspection departments shall have the right to exercise the following powers and functions:
1. to question the inspected operators, interested parties and witnesses in accordance with the prescribed procedures, and to request the provision of supporting materials or other information relating to acts of unfair competition;
2. to inquire into and copy the agreements, books, documents, papers, records, records and other information relating to acts of unfair competition.
Thirdly, to inspect the property related to acts of unfair competition as stipulated in Article 5 of this Law, and, if necessary, to order the inspected operator to state the source and quantity of the goods, suspend sales, and wait for the inspection, and not to transfer, conceal, or destroy the property.
Article 18 The staff of the supervision and inspection departments shall show their inspection documents when supervising and inspecting acts of unfair competition.
Article 19 When supervisory and inspection departments supervise and inspect acts of unfair competition, the inspected operators, interested parties and witnesses shall truthfully provide relevant information or circumstances.
Chapter IV Legal Liability
Article 20 If an operator violates the provisions of this Law and causes damage to an infringed operator, he shall be liable for damages, and if it is difficult to calculate the loss of the infringed operator, the amount of compensation shall be the profit gained by the infringer due to infringement of the law during the period of infringement; and he shall also be liable for reasonable expenses paid by an infringed operator due to investigation into the operator's unfair competition which divides his lawful rights and interests. behavior; and shall bear the reasonable expenses paid by the infringed operator for investigating that operator's unfair competition to divide its legitimate rights and interests.
If the infringed operator's lawful rights and interests are harmed by the act of unfair competition, he or she may file a lawsuit with the People's Court.
Article 21 An operator who counterfeits another person's registered trademark, uses another person's enterprise name or name without authorization, forges or fraudulently uses a certification mark, a mark of fame or excellence and other marks of quality, forges the place of origin, or makes a misleading and false representation of the quality of the goods shall be punished in accordance with the Trademark Law of the People's Republic of China*** and the State of China and the Product Quality Law of the People's Republic of China*** and the State of China.
Operators unauthorized use of the name, packaging, decoration unique to well-known goods, or the use of the name, packaging, decoration and well-known goods similar to the well-known goods, resulting in confusion with the well-known goods of others, so that the buyer is mistaken for the well-known goods, supervision and inspection departments shall order the cessation of illegal acts, confiscate the illegal income, and depending on the circumstances of the case may be imposed a fine of not less than double the illegal income of not more than triple the amount of the fine; If the circumstances are serious, the business license may be revoked; sales of shoddy goods, constituting a crime, shall be investigated for criminal responsibility.
Article 22 The operator uses property or other means of bribery to sell or buy goods, constitutes a crime, shall be held criminally responsible; does not constitute a crime, the supervision and inspection departments may, depending on the circumstances, impose a fine of 10,000 yuan or more than 200,000 yuan, and any illegal income, shall be confiscated.
Article 23 public enterprises or other operators with exclusive status according to law, to restrict others to buy the goods of its designated operators, in order to crowd out other operators of fair competition, the supervision and inspection departments at the provincial level or in the municipalities of the districts shall order the cessation of unlawful acts, and may, depending on the circumstances, impose a fine of not less than fifty thousand yuan and not more than two hundred thousand yuan. Designated operators to take advantage of the sale of substandard goods at high prices or overcharging, the supervision and inspection departments shall confiscate the illegal income, and may, depending on the circumstances, impose a fine of not less than double and not more than three times the illegal income.
Article 24 Where an operator makes use of advertisements or other methods to give misleading and false publicity to commodities, the supervision and inspection departments shall order the cessation of the illegal acts and the elimination of the influence, and may impose a fine of not less than ten thousand yuan and not more than two hundred thousand yuan according to the circumstances.
If an operator of an advertisement, knowingly or recklessly, acts as an agent, designs, produces or publishes false advertisements, the supervisory and inspection authorities shall order the cessation of the illegal act, confiscate the illegal income and impose a fine according to law.
Article 25 In violation of the provisions of Article 10 of this Law infringement of trade secrets, the supervision and inspection departments shall order the cessation of illegal acts, and may, depending on the circumstances, impose a fine of not less than 10,000 yuan and not more than 200,000 yuan.
Article 26 The operator in violation of the provisions of Article 13 of this Law for the sale of prizes, the supervision and inspection departments shall order the cessation of illegal acts, and may, depending on the circumstances, impose a fine of 10,000 yuan or more than 100,000 yuan.
Article 27 If a bidder colludes in a bidding process and raises the bid price or lowers the bid price; or if a bidder and a tenderer collude with each other in order to crowd out competitors' fair competition, their bids shall be invalid. Supervision and inspection departments may impose a fine of not less than 10,000 yuan and not more than 200,000 yuan according to the circumstances.
Article 28 The operator has been ordered to suspend sales in violation of the shall not transfer, concealment, destruction of property related to unfair competition, the supervision and inspection departments may, depending on the circumstances of the case, be imposed on the sale, transfer, concealment, destruction of property of the price of the price of more than double or triple the following fine.
Article 29 If a party is dissatisfied with a penalty decision made by a supervision and inspection department, he may apply for reconsideration to a competent organ at a higher level within fifteen days from the date of receipt of the penalty decision; if he is dissatisfied with the decision of the reconsideration, he may file a lawsuit in the People's Court within fifteen days from the date of receipt of the decision of the reconsideration; or he may file a lawsuit directly in the People's Court.
Article 30 If the government and its subordinate departments violate the provisions of Article 7 of this Law by restricting others from purchasing the commodities they have designated for operation, restricting the legitimate business activities of other operators, or restricting the normal circulation of commodities between regions, they shall be ordered by their superior organs to make corrections; if the circumstances are serious, the same or a higher level organ shall impose administrative sanctions on the persons directly responsible. If the designated operator takes this opportunity to sell substandard and high-priced commodities or to collect fees indiscriminately, the supervision and inspection department shall confiscate the illegal income, and may, depending on the circumstances, impose a fine of not less than double and not more than triple the illegal income.
Article 31 If a staff member of a state organ that supervises and inspects unfair competition abuses his power or neglects his duties, and if such abuse constitutes a crime, he shall be held criminally liable in accordance with the law; if it does not, he shall be subject to administrative sanctions.
Article 32 If a staff member of a state organ supervising and inspecting acts of unfair competition shows favoritism or malpractice, or intentionally harbors an operator who is known to have violated the provisions of this Law and constituted a crime, and does not subject him to prosecution, he shall be held criminally responsible according to law.
Chapter V Supplementary Provisions
Article 33 This Law shall come into force on December 1, 1993, with the following provisions.
Shuozhou government procurement network website: /index.aspx
Shuozhou bidding network address: Shanxi Province, Shuozhou City Hall West Street, Mengyin Village Bank, 6th Floor West
Shuozhou bidding network contact information: 0349-2220975
Shuozhou bidding network zip code: 036002
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