Elements of commercial bribery

Legal analysis: commercial bribery refers to the unfair competition behavior of business operators who use property or other means to bribe to sell goods or buy goods, provide services or accept services.

Legal basis: People's Republic of China (PRC) Anti-Unfair Competition Law.

Article 6 A business operator shall not commit any of the following confusing acts, so that people may mistakenly think that it is another person's goods or have a specific connection with others: (1) Unauthorized use of identical or similar marks such as commodity names, packaging and decoration that have certain influence on others; (2) unauthorized use of enterprise name (including abbreviation, font size, etc.). ), the name of social organization (including abbreviation, etc.). ) have a certain influence on others.

Article 7 An operator shall not bribe the following units or individuals by property or other means in order to gain trading opportunities or competitive advantages: (1) the staff of the counterparty; (2) Units or individuals entrusted by the counterparty to handle relevant affairs. (3) Units or individuals that use their authority or influence to influence transactions. In trading activities, business operators can pay discounts to counterparties in an express way, or they can pay commissions to middlemen. If an operator pays a discount to a counterparty or a commission to an intermediary, it shall be accounted for truthfully. Operators who accept discounts and commissions should also record them truthfully. Where a staff member of an operator pays bribes, it shall be deemed that the operator's behavior is that the operator has evidence to prove that the staff member's behavior has nothing to do with seeking trading opportunities or competitive advantages for the operator.