The term "unfair competition" as mentioned in these Measures refers to the acts that operators violate the Anti-unfair Competition Law of People's Republic of China (PRC) and the provisions of these Measures, damage the legitimate rights and interests of other operators and disrupt the social and economic order. Article 4 The administrative department for industry and commerce of the people's government at or above the county level is the competent authority to supervise and inspect acts of unfair competition. Where laws and administrative regulations provide for supervision and inspection by other departments, such provisions shall prevail.
The relevant law enforcement organs shall support, cooperate and ensure that the supervision and inspection organs perform their duties according to law. Article 5 Any organization or individual has the right to report acts of unfair competition to the supervision and inspection institutions. Anyone who retaliates against an informer shall be dealt with severely according to law.
The supervision and inspection organs shall keep confidential the informants and reward those who report meritorious service. Incentive measures shall be formulated separately by the provincial people's government. Article 6 State organs and their staff members shall not support, shield or participate in acts of unfair competition. Offenders shall be dealt with according to the relevant provisions of the state. Article 7 An operator shall not engage in any of the following acts that infringe upon the exclusive right to use a registered trademark or counterfeit a registered trademark:
(1) Using a trademark identical with or similar to its registered trademark on the same or similar goods without the permission of the registered trademark owner;
(2) On the same or similar goods, the use of words or graphics identical with or similar to others' registered trademarks as the name or decoration of the goods is enough to cause misunderstanding;
(3) selling goods that you know or should know are counterfeit registered trademarks or infringe upon the exclusive right to use registered trademarks;
(4) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks;
(5) Deliberately providing convenient conditions such as storage, transportation, mailing and concealment for acts of counterfeiting registered trademarks. Article 8 An operator shall not use the unique name, packaging and decoration of a well-known commodity without authorization, or use the name, packaging and decoration similar to that of a well-known commodity, thus causing confusion with other people's well-known commodities and causing buyers to mistake the well-known commodity. Article 9 An operator shall not, without authorization, use other people's enterprise names and words, graphics, codes and signs representing their names, which may lead people to mistake them for other people's goods.
Operators who lease counters, venues and facilities of others to engage in commodity business shall hang their business licenses in a conspicuous position and shall not pretend to be lessors to engage in business activities. Article 10 Business operators shall not use the following means to make misleading false representations about the quality of commodities in the production and sale of commodities or their packaging:
(a) forgery or fraudulent use of certification marks, famous and excellent marks and other quality marks, as well as the use of cancelled quality marks;
(2) Forging or fraudulently using patent marks and using invalid patent numbers;
(3) Forging or fraudulently using the quality inspection certificate, license number, production license number or producer;
(four) forgery or fraudulent use of goods production, manufacturing and processing sites;
(5) Falsely expressing the performance, use, specification, grade, quantity, composition and content of commodities;
(6) Forging the production date, safe use period and expiration date of commodities, or vaguely marking the date;
(seven) failing to mark the contents of the goods and their packages as required. Article 11 A business operator shall not make misleading false propaganda on the price, quality, performance, use, ingredients, manufacturer, expiration date, place of origin, after-sales service, as well as the variety and quantity of the products to be promoted by advertising or other methods.
Other methods mentioned in the preceding paragraph include the following acts:
(1) Hiring or colluding with others to conduct deceptive sales inducement;
(two) the scene of false demonstration and explanation;
(three) posting, distributing and mailing false product manuals and other promotional materials;
(4) making false written marks, descriptions or explanations on commodities in business premises;
(5) making false publicity reports through the mass media.
Advertising agents and publishers shall not act as agents, design, produce or publish false advertisements.
The mass media and their staff shall not make false reports on operators or commodities. Article 12 A public enterprise or any other business operator that has an exclusive position according to law shall not take the following actions to restrict competition:
(1) Restrict consumers from purchasing and using the commodities provided by them or the operators designated by them, and exclude similar commodities of other operators that meet technical standards;
(2) Forcing consumers to buy goods or accessories provided by them or business operators designated by them, or forcibly providing paid services to consumers;
(3) refusing, interrupting, delaying or reducing the provision of necessary commodities or overcharging consumers for the above acts.