Current location - Trademark Inquiry Complete Network - Trademark inquiry - Regulations of Yunnan Province on Anti-unfair Competition
Regulations of Yunnan Province on Anti-unfair Competition
article 1 in order to maintain the order of the socialist market economy, encourage and protect fair competition, stop acts of unfair competition, and protect the legitimate rights and interests of operators and consumers, these regulations are formulated in accordance with the law of the people's Republic of China against unfair competition and relevant laws and regulations, combined with the actual situation of this province. Article 2 These Regulations shall apply to legal persons, other economic organizations and individuals (hereinafter referred to as operators) engaged in commodity business or profit-making services (hereinafter referred to as commodities including services) within the administrative region of this province. Article 3 The term "unfair competition" as mentioned in these Regulations refers to the acts of business operators that violate the Law of the People's Republic of China against Unfair Competition and the provisions of these Regulations, damage the legitimate rights and interests of other business operators, and disrupt the social and economic order. Article 4 The administrative departments for industry and commerce at or above the county level are the supervision and inspection organs for acts of unfair competition. Where laws and regulations provide otherwise, such provisions shall prevail. Article 5 business operators are prohibited from using the following means to make false representations that lead to misunderstanding in the packaging and decoration of commodities:

(1) forging or fraudulently using quality marks such as certification marks and famous brand marks or using quality marks that have been cancelled;

(2) Forge or falsely use another person's enterprise name, commodity origin and its words, figures and symbols;

(3) forging or fraudulently using the license, license mark and its number, quality inspection certificate, quasi-production certificate number or the name of the producer or research and development unit;

(4) falsely marking the specifications, grades, quantities, ingredients and contents of commodities;

(5) falsely or vaguely marking the production date, safe use date, expiration date and validity period. Article 6 Business operators are prohibited from using other people's well-known trademarks, well-known trademarks and names, packages and decorations unique to well-known commodities, or using names, packages and decorations similar to well-known commodities without authorization. Article 7 It is forbidden for business operators to use advertisements and the following methods to make misleading false propaganda on business reputation or commodity quality, ingredients, performance, use, producer, place of origin, source, expiration date, price and after-sales service.

(1) making false propaganda reports by mass media;

(2) making false live demonstrations or explanations of commodities;

(3) making false textual labels, descriptions or explanations on commodities in business premises;

(4) posting, distributing or mailing false commodity brochures and other publicity materials;

(5) instigating or hiring others to impersonate consumers for inducement. Article 8 Operators are prohibited from engaging in business activities in the name of special distribution, designated distribution, general agent, special maintenance, monopoly or other similar names without authorization. Article 9 Operators are prohibited from selling goods at a price lower than the cost for the purpose of crowding out competitors.

in any of the following circumstances, it is not an act of unfair competition:

(1) selling fresh goods;

(2) dealing with commodities whose effective period is about to expire or other overstocked commodities;

(3) seasonal price reduction;

(4) selling goods at reduced prices due to paying off debts, changing production or closing business;

(5) dealing with goods whose appearance is damaged, but whose use value has not changed. Article 1 public enterprises such as water supply, power supply, gas supply, postal services, telecommunications, transportation and other operators with exclusive status according to law are prohibited from carrying out the following acts of restricting competition:

(1) users and consumers are restricted to buy and use only related goods provided by them, but not similar goods with the same quality standards provided by other operators;

(2) forcing users and consumers to buy unnecessary commodities and their accessories provided by them or unnecessary commodities provided by their designated operators;

(3) preventing users and consumers from buying and using other commodities with the same quality standards provided by other operators under the pretext of testing the quality and performance of commodities;

(4) refusing, interrupting or reducing the supply of relevant commodities to users and consumers who do not accept their unreasonable conditions, or overcharging the fees for verification and inspection;

(5) other behaviors that restrict competition. Article 11 it is forbidden for business operators to adopt the following sales behaviors with prizes:

(1) falsely claiming that there are prizes or making false representations about the types of prizes, the winning probability, the maximum prize amount, the total amount, the types of prizes, the quantity and quality, and the methods of providing them;

(2) Deliberately letting the default personnel win the prize;

(3) Do not put the commodities and lottery tickets with the Lieutenant General logo on the market or put them on the market at the same time.

(4) putting commodities and lottery tickets with different bonus amounts or prizes on the market at different times. Article 12 It is forbidden to fabricate and spread false facts to damage the business reputation and commodity reputation of competitors. Thirteenth operators are prohibited from unilaterally comparing and publicizing the quality, performance, price and trading conditions of goods with similar products of other operators, which will damage the business reputation and commodity reputation of competitors. Article 14 When selling goods, business operators shall not tie in the goods against the buyers' wishes or attach other unreasonable conditions. Article 15 It is forbidden to invite tenders and bidders to use the following unfair competition means to invite tenders:

(1) The tenderer opens the tender privately before the public tender, and informs other bidders who have not submitted the tender;

(2) The tenderee discloses the pre-tender estimate to the tenderer or others;

(3) forging, fraudulently using or borrowing the qualifications of others to participate in bidding;

(4) Bidders mutually agree to raise or lower the bid price;

(5) Bidders mutually agree to win the bid in turn in similar bidding projects;

(6) Bidders collude with each other on matters other than the bid price to crowd out other competitors;

(7) The bidder and the tenderee agree to raise or lower the bid price in public bidding, so as to promote the winning bid;

(8) other acts of unfair competition by tenderers and bidders in the process of tendering and bidding.