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How does the court judge unfair competition?

There are different judgments based on specific acts of unfair competition. Chapter 4 of the "Anti-Unfair Competition Law" has special provisions on this:

Article 20: Operators who violate this Article The law stipulates that those who cause damage to the infringed operator shall bear the liability for damage compensation. If the infringed operator's losses are difficult to calculate, the amount of compensation shall be the profits gained from the infringement during the infringement period; and the infringed operator shall bear the liability for damages. Reasonable expenses paid for investigating the operator’s unfair competition behavior that infringes upon its legitimate rights and interests. If the legitimate rights and interests of the infringed operators are harmed by unfair competition, they may file a lawsuit with the People's Court.

Article 21 Operators counterfeit other people’s registered trademarks, use other people’s business names or names without authorization, forge or impersonate quality marks such as certification marks and famous quality marks, falsify the place of origin, and make inferences about the quality of goods. False representations that are misunderstood by others will be punished in accordance with the provisions of the Trademark Law of the People's Republic of China and the Product Quality Law of the People's Republic of China. If an operator uses the unique name, packaging, or decoration of a well-known commodity without authorization, or uses a name, packaging, or decoration similar to that of a well-known commodity, causing confusion with other people's well-known commodities and causing buyers to mistake them for the well-known commodities, the supervision and inspection department shall The illegal conduct shall be ordered to cease, the illegal gains shall be confiscated, and a fine of not less than one time but not more than three times the illegal gains may be imposed depending on the circumstances; if the circumstances are serious, the business license may be revoked; if the sale of counterfeit and inferior goods constitutes a crime, criminal liability shall be pursued in accordance with the law.

Article 22 If an operator uses property or other means to bribe to sell or purchase goods, which constitutes a crime, he shall be investigated for criminal responsibility in accordance with the law; if it does not constitute a crime, the supervision and inspection department may impose a fine of 10,000 yuan according to the circumstances. A fine of not less than RMB 200,000 but not more than RMB 200,000 and any illegal gains shall be confiscated.

Article 23 If a public utility enterprise or other operator with an exclusive position according to law restricts others from purchasing the commodities of its designated operator in order to exclude other operators from fair competition, the provincial or district-level The municipal supervision and inspection department shall order the cessation of illegal activities and may impose a fine of not less than 50,000 yuan but not more than 200,000 yuan depending on the circumstances. If the designated operator uses this to sell low-quality and high-priced goods or overcharge fees, the supervision and inspection department shall confiscate the illegal income and may impose a fine of not less than one time but not more than three times the illegal income depending on the circumstances.

Article 24 If an operator uses advertisements or other methods to make misleading and false propaganda about goods, the supervision and inspection department shall order him to stop the illegal behavior and eliminate the impact, and may impose a fine of 10,000 yuan according to the circumstances. A fine of not less than 200,000 yuan but not more than 200,000 yuan. If an advertising operator, knowingly or should have known, acts as an agent, designs, produces, or publishes false advertisements, the supervision and inspection departments shall order them to cease their illegal activities, confiscate their illegal gains, and impose fines in accordance with the law.

Article 25 Whoever violates the provisions of Article 10 of this Law and infringes on commercial secrets shall be ordered by the supervision and inspection department to stop the illegal act and may impose a fine of not less than RMB 10,000 but not more than RMB 200,000 depending on the circumstances.

Article 26 If an operator violates the provisions of Article 13 of this Law by conducting sales with prizes, the supervision and inspection department shall order him to stop the illegal act and may impose a fine of not less than 10,000 yuan but not more than 100,000 yuan according to the circumstances. fine.

Article 27 If bidders collude in bidding to raise or lower bid prices; if bidders and tenderers collude with each other to exclude fair competition from competitors, the winning bid will be invalid. The supervision and inspection department may impose a fine of not less than RMB 10,000 but not more than RMB 200,000 depending on the circumstances.

Article 28 If an operator violates the order to suspend sales and not transfer, conceal, or destroy property related to unfair competition, the supervision and inspection department may impose fines based on the circumstances. A fine of not less than one time but not more than three times the price of the transferred, concealed or destroyed property shall be imposed.

Article 29 If the party concerned is dissatisfied with the penalty decision made by the supervision and inspection department, he may apply for reconsideration to the higher-level competent authority within fifteen days from the date of receipt of the penalty decision; if he is dissatisfied with the reconsideration decision, A lawsuit may be filed with the People's Court within fifteen days from the date of receipt of the reconsideration decision; a lawsuit may also be filed directly with the People's Court.

Article 30 The government and its affiliated departments violate the provisions of Article 7 of this Law by restricting others from purchasing the commodities of its designated operators, restricting the legitimate business activities of other operators, or restricting the distribution of commodities in regions. If there is normal circulation among the parties, the superior authority shall order the person to make corrections; if the circumstances are serious, the person directly responsible shall be given administrative sanctions by the authority at the same level or the superior authority. If the designated operator uses this to sell low-quality and high-priced goods or overcharge fees, the supervision and inspection department shall confiscate the illegal income and may impose a fine of not less than one time but not more than three times the illegal income depending on the circumstances.

Article 31 If state agency staff who supervise and inspect acts of unfair competition abuse their power or neglect their duties and constitute a crime, they shall be investigated for criminal responsibility in accordance with the law; if it does not constitute a crime, they shall be given administrative sanctions.

Article 32 If a staff member of a state agency that supervises and inspects acts of unfair competition engages in malpractice for personal gain and deliberately shields an operator who knowingly violates the provisions of this Law from committing a crime and prevents him from being prosecuted, he shall be subject to criminal prosecution in accordance with the law. responsibility.