According to relevant laws and administrative regulations, Chinese quality marks mainly include product quality certification marks and famous and quality marks. The product quality certification mark
According to relevant laws and administrative regulations, Chinese quality marks mainly include product quality certification marks and famous and quality marks. The product quality certification mark refers to a mark issued to the enterprise through application, recognized by international and domestic authoritative certification agencies, indicating that the product quality has reached the certification standards. The use of certification marks can improve the competitiveness of products and enhance user trust. Forgery and fraudulent use of certification marks without certification not only trample on the national commodity quality certification system and render it ineffective, but may also allow products with potential accident risks to flow into the market, endangering the lives or property safety of users and consumers. The Anti-Unfair Competition Law prohibits such behavior as a serious illegal act. The famous mark is an honorary quality mark. At present, there are three types of famous and quality marks given by the state to products: gold medal honorary mark, silver medal honorary mark, and "excellent" mark. It can only be obtained and used in accordance with legal procedures and approved by specialized agencies. Counterfeiting and counterfeiting of famous trademarks is contrary to the business ethics of good faith and is a completely deceptive behavior. Therefore, it is prohibited by the Anti-Unfair Competition Law. The name of origin is a descriptive mark indicating that a product originates from a certain country or region. When there is a fixed connection between product quality and characteristics and its place of origin, the name of the place of origin reflects not only the external connection between the product and its place of origin, but also reveals the internal connection between product quality and place of origin. At this time, the name of origin not only has symbolic significance for product quality, but also has a distinguishing function. Therefore, it is protected by law and international conventions or treaties, such as the provisions of the Paris Convention for the Protection of Industrial Property on names of origin, the Trade-related The provisions on geographical indications in the Intellectual Property Agreement. Article 5, Item 4 of the Anti-Unfair Competition Law prohibits the word "place of origin" in "forged place of origin". Its extension is obviously larger than "name of origin" and closer to "geographical indication". In practice, if the act of forging origin cannot be effectively stopped in accordance with the Product Quality Law and Industrial Property Law, it should be sanctioned in accordance with the Anti-Unfair Competition Law. 2. Behavioral requirements. Although there are many forms of confusing behavior, the Anti-Unfair Competition Law lists four express prohibitions in the most important ones. The main points of the behavior are summarized as follows: (1) The subject of the behavior is an operator engaged in market transaction activities. Those who are not operators do not constitute the subject of this behavior (for example, state agency staff who use their special status to engage in deceptive behavior are not subject to the provisions of this law). (2) In market operation activities, operators have objectively implemented unfair competition methods prohibited by Article 5 of the Anti-Unfair Competition Law, such as counterfeiting other people’s business names, counterfeiting national famous and quality logos, and using the unique names, packaging, and packaging of well-known products without authorization. Decoration, forging name of origin, etc. The essence is to misappropriate the fruits of others' labor and use their good product reputation or business reputation to obtain illegal benefits for themselves. (3) The operator's deceptive behavior has been or is enough to mislead users or consumers, that is, the deceptive behavior has reached a relatively serious level. 3. Legal liability. Article 21 of the Anti-Unfair Competition Law stipulates corresponding administrative penalties for the unfair competition behaviors listed in Article 5, which are specifically divided into two situations: (1) According to the provisions of Article 21, paragraph 1, the operator takes advantage of the Anyone who engages in market transactions by means of unfair competition prohibited by Article 5 of the Law shall be punished in accordance with the provisions of the Trademark Law and the Product Quality Law for the first, third and fourth acts; (2) For the second act, Article 21 shall Paragraph 2 stipulates that the supervision and inspection department shall order the cessation of illegal activities, confiscate illegal gains, and impose a fine of not less than 1 time but not more than 3 times of illegal gains depending on the circumstances; if the circumstances are serious, the business license may be revoked; if the sale of counterfeit and inferior products constitutes a crime, the fine shall be Investigate criminal liability in accordance with the law. According to Article 20 of the Law, other operators whose legitimate rights and interests are harmed by the above-mentioned acts of unfair competition may file an infringement lawsuit in order to obtain compensation. If the legitimate rights and interests of consumers are harmed by the above-mentioned unfair competition behavior, they may request legal relief in accordance with the Consumer Rights Protection Law.