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What behaviors constitute unfair competition?

According to the provisions of my country's "Anti-Unfair Competition Law", there are generally 7 categories of unfair competition behaviors:

1. Fraudulent transaction methods: including 4 types:

① Counterfeit other people’s registered trademarks. Without the consent of the registered trademark owner, unauthorized use of other people’s registered trademarks is not only an act of trademark infringement, but also an act of unfair competition;

②Using the name, packaging, and decoration of well-known products without authorization, or using names that are similar to well-known products The similar name, packaging, and decoration of the product may cause buyers to mistake it for the well-known product;

③ Use other people’s business names or names without authorization, causing people to mistake it for other people’s products;

④ Forge or use quality marks such as certification marks and famous quality marks on goods, forge the place of origin, and make misleading and false representations of the quality of goods.

2. Commercial bribery: Commercial bribery refers to the behavior of operators using bribery to gain competitive advantage in order to promote or purchase goods. The difference between it and legal "kickbacks", "discounts" and "commissions" is that the property or other benefits given by bribes are not reflected in the formal accounts of the counterparty.

3. False advertising: refers to operators using advertising or other methods to make the public aware of the product's quality, ingredients, performance, use, manufacturer, expiration date, origin, etc., to mislead people false propaganda.

4. Infringement of trade secrets: Trade secrets refer to technical information and business information that are not known to the public, can bring economic benefits to the right holder, are practical, and have been kept secret by the right holder. Infringement of trade secrets includes: ① Obtaining the right holder’s trade secrets through theft, inducement, coercion or other improper means; ② Disclosing, using or allowing others to use the right holder’s trade secrets obtained by the means mentioned in the previous paragraph; ③ Violating the agreement Or violate the rights holder’s requirements to keep trade secrets, disclose, use or allow others to use the trade secrets in its possession. If a third party knowingly or should have known about the preceding illegal acts obtains, uses or discloses the trade secrets of others, it shall be regarded as infringement of trade secrets.

5. Predatory pricing: Predatory pricing refers to the behavior of operators selling goods at a price lower than cost for the purpose of squeezing out their opponents. Unfair competition that constitutes predatory pricing requires the purpose of squeezing out competitors and selling goods below cost. However, selling fresh goods, dealing with goods whose validity period is about to expire or other backlogged goods, seasonal price reductions, and goods sold at reduced prices due to debt repayment, change of production, closure of business, etc. are not predatory pricing.

6. Deceptive prize sales and huge prize sales: Operators use deceptive methods to sell goods by falsely claiming prizes or letting insiders win prizes, and use prize sales to promote low-quality and high-priced products. , all constitute unfair competition behaviors of deceptive prize sales. Big prize sales refer to prize-winning sales in which the maximum prize exceeds 5,000 yuan. Big prize sales tend to encourage blind consumption, are a threat to small and medium-sized enterprises, and virtually undermine the order of fair competition, so it is an act of unfair competition.

7. Defaming the business reputation of competitors: Business reputation is a comprehensive evaluation made by society on the business activities of operators. This evaluation reflects the business image of the operator and forms a specific reputation with property content belonging to the operator. The main actor who slanders a competitor's business reputation must be an operator by fabricating facts and spreading false news. If an operator violates the above provisions and causes damage to the victim, he shall be liable for damages.

Article 6 of the "Anti-Unfair Competition Law" Operators shall not engage in the following confusing behaviors to cause people to mistakenly think that they are other people's products or have a specific connection with others:

(1) Without authorization Use the same or similar logos as other people’s product names, packaging, decoration, etc. that have a certain influence;

(2) Use other people’s enterprise names (including abbreviations, trade names, etc.) and social organization names that have a certain influence without authorization (Including abbreviations, etc.), names (including pen names, stage names, translated names, etc.);

(3) Unauthorized use of the main part of domain names, website names, web pages, etc. that have certain influence on others;

(4) Other confusing behaviors that can cause people to mistake the goods for others or have a specific connection with others.

Article 7 Operators shall not use financial or other means to bribe the following units or individuals to seek trading opportunities or competitive advantages:

(1) Staff of the counterparty to the transaction;< /p>

(2) Units or individuals entrusted by the transaction counterparty to handle relevant matters;

(3) Units or individuals that use their authority or influence to influence the transaction.

In the course of trading activities, operators may explicitly pay discounts to counterparties or pay commissions to intermediaries. When operators pay discounts to counterparties and commissions to intermediaries, they must be truthfully recorded in their accounts. Operators who accept discounts and commissions should also record them truthfully in their accounts.

Where a staff member of an operator engages in bribery, it shall be deemed as the operator’s behavior; however, this shall not be the case unless the operator has evidence to prove that the staff member’s behavior has nothing to do with seeking trading opportunities or competitive advantages for the operator.

Article 8: Operators shall not make false or misleading commercial publicity about the performance, functions, quality, sales status, user reviews, honors, etc. of their products to deceive or mislead consumers.

Operators shall not help other operators conduct false or misleading business promotions by organizing false transactions or other methods.

Article 9 Operators shall not commit the following acts of infringement of trade secrets:

(1) Obtain the right holder’s trade secrets through theft, bribery, fraud, coercion or other improper means ;

(2) Disclose, use or allow others to use the obligee’s business secrets obtained by means of the preceding paragraph;

(3) Violate the agreement or violate the obligee’s regulations on keeping business secrets Request, disclose, use or allow others to use the trade secrets in their possession.

The third party knowingly or should know that the employee, former employee or other unit or individual of the right holder of the trade secret has committed the illegal acts listed in the preceding paragraph, but still obtains, discloses, uses or allows others to use the trade secret , deemed as infringement of trade secrets.

Trade secrets as mentioned in this Law refer to technical information and business information that are not known to the public, have commercial value, and for which the obligee has taken corresponding confidentiality measures.

Article 10: Operators shall not conduct prize-based sales under the following circumstances:

(1) The types of prizes, prize redemption conditions, bonus amounts or prizes and other prize-based sales information shall not Clearly, it will affect the redemption of prizes;

(2) Sales with prizes by falsely claiming prizes or deliberately allowing designated personnel to win prizes;

(3) Sales with prizes in a lottery style , the maximum prize amount exceeds 50,000 yuan.

Article 11: Operators shall not fabricate or disseminate false or misleading information to damage the business reputation and product reputation of competitors.

Article 12: Operators who use the Internet to engage in production and business activities must comply with the provisions of this Law.

Operators shall not use technical means to influence user choices or other means to carry out the following behaviors that hinder or disrupt the normal operation of network products or services legally provided by other operators:

( 1) Without the consent of other operators, insert links and force target jumps into the network products or services they provide legally;

(2) Mislead, deceive, and force users to modify, close, and uninstall Network products or services legally provided by other operators;

(3) Maliciously incompatible network products or services legally provided by other operators;

(4) Other obstructions, Acts that disrupt the normal operation of network products or services legally provided by other operators.

Extended information:

Civil liability for unfair competition: The "Anti-Unfair Competition Law" stipulates that if an operator's unfair competition behavior brings harm to the legitimate rights and interests of other operators, If there is any damage, the operator shall bear the liability for compensation. If the infringed operator's loss is difficult to calculate, the amount of compensation shall be the profit gained by the infringer due to the infringement during the infringement period; and the infringed operator shall bear the responsibility for investigating the operator's infringement. Reasonable fees paid for unfair competition for its legitimate rights and interests.

Administrative responsibility: The administrative responsibility stipulated in the "Anti-Unfair Competition Law" shall be realized through the investigation and punishment of unfair competition by the supervision and inspection department of unfair competition. The main forms of administrative liability include fines, orders to stop illegal activities, orders to make corrections, elimination of impacts, and revocation of business licenses.

Criminal liability: Criminal liability applies to unfair competition behaviors that cause serious losses to other operators, consumers and the social and economic order and are egregious. The "Anti-Unfair Competition Law" only provides principles for operators to bear criminal liability. To determine specific criminal liability, the corresponding provisions of my country's "Criminal Law" must be applied.

Reference: Baidu Encyclopedia Anti-Unfair Competition Law