Legal analysis

The legitimate rights and interests of an operator are harmed by unfair competition, which is an infringement. When the victim sues for compensation, he can file an infringement lawsuit, which belongs to unfair competition 1 and confusion. Confusion means that operators make false representations, explanations or promises about their own goods or services in various false ways in market operation activities, or improperly use other people's intellectual labor achievements to publicize their own goods or services, which leads to misunderstanding of users or consumers and disrupts market order. 2, false propaganda, false propaganda behavior refers to the operator using advertising and other methods, the product quality, performance, composition, use, origin and other misleading false propaganda. 3, commercial bribery, commercial bribery refers to the operator in order to fight for trading opportunities, secretly give property or other benefits to the relevant personnel of the counterparty or other relevant personnel who can influence the transaction. 4. Infringement of trade secrets refers to technical and commercial information that is not known to the public, can bring economic benefits to the obligee, is practical and has been kept confidential by the obligee. The right to trade secrets is the result of the obligee's labor. The right to trade secrets is an intangible property right owned by the obligee, and the anti-unfair competition law prohibits infringing on trade secrets as an act of unfair competition. 5. Low-price dumping means that the operator sells goods at a price lower than the cost for the purpose of crowding out competitors.

legal ground

Article 17 of the Anti-Unfair Competition Law of People's Republic of China (PRC), if an operator violates the provisions of this law and causes damage to others, he shall bear civil liability according to law. If the legitimate rights and interests of business operators are damaged by acts of unfair competition, they may bring a lawsuit to the people's court. The amount of compensation for operators who have suffered from unfair competition shall be determined according to the actual losses suffered by them due to infringement; If the actual loss is difficult to calculate, it shall be determined according to the interests obtained by the infringer due to infringement. If the business operator maliciously commits an act of infringing business secrets, and the circumstances are serious, the amount of compensation can be determined in accordance with the amount determined by the above method. The amount of compensation shall also include the reasonable expenses paid by the operator to stop the infringement. Where an operator violates the provisions of Articles 6 and 9 of this Law, and it is difficult to determine the actual losses suffered by the obligee due to infringement and the benefits gained by the infringer due to infringement, the people's court shall compensate the obligee for less than 5 million yuan according to the circumstances of infringement.