Article 7 Commercial use within the territory of China includes using the unique names, packaging, decoration, or company names of well-known commodities on commodities, commodity packaging, and commodity transaction documents, or using them in advertising, exhibitions, and other commercial activities , should be deemed as “use” as stipulated in Items (2) and (3) of Article 5 of the Anti-Unfair Competition Law. Article 8 If an operator engages in any of the following behaviors, which is sufficient to cause misunderstanding among the relevant public, it may be deemed as misleading and false propaganda as stipulated in Paragraph 1 of Article 9 of the Anti-Unfair Competition Law: (1) One-sided misrepresentation of goods Propaganda or comparison; (2) Using scientifically unconfirmed opinions, phenomena, etc. as conclusive facts for product promotion; (3) Using ambiguous language or other misleading methods to promote products. Promoting products in an obviously exaggerated manner that is not sufficient to cause misunderstanding among the relevant public does not constitute misleading false advertising. The People's Court shall determine misleading false propaganda based on factors such as daily life experience, the general attention of the relevant public, the fact that the misunderstanding occurred, and the actual situation of the target of the propaganda. Article 9 If relevant information is not generally known and easily accessible to relevant personnel in the field to which it belongs, it shall be deemed to be "not known to the public" as stipulated in paragraph 3 of Article 10 of the Anti-Unfair Competition Law. Under any of the following circumstances, it can be determined that the relevant information is not unknown to the public: (1) The information is common knowledge or industry practice among people in the technical or economic field; (2) The information only involves the dimensions of the product. , structure, materials, simple combination of components, etc., the relevant public can directly obtain it by observing the product after entering the market; (3) The information has been publicly disclosed in public publications or other media; (4) The information has been publicly disclosed (5) The information can be obtained from other public channels; (6) The information can be easily obtained without paying a certain price. Article 10 If the relevant information has actual or potential commercial value and can bring competitive advantages to the right holder, it shall be determined as "can bring economic benefits, Practical”. Article 11: Reasonable protective measures taken by the obligee to prevent information leakage that are commensurate with its commercial value and other specific circumstances shall be recognized as "confidential measures" stipulated in paragraph 3 of Article 10 of the Anti-Unfair Competition Law. The people's court shall determine whether the right holder has adopted confidentiality measures based on factors such as the characteristics of the information carrier involved, the right holder's willingness to keep the information confidential, the degree of identification of the confidentiality measures, and the difficulty for others to obtain it through legitimate means. If one of the following circumstances is sufficient to prevent the leakage of confidential information under normal circumstances, the right holder shall be deemed to have taken confidentiality measures: (1) Limiting the scope of knowledge of confidential information and only informing relevant personnel who must know its contents; ( 2) Take preventive measures such as locking the carrier of confidential information; (3) Mark the carrier of confidential information with a confidentiality mark; (4) Use passwords or codes for confidential information; (5) Sign a confidentiality agreement; ( 6) Restrict visitors to confidential machines, factories, workshops and other places or impose confidentiality requirements; (7) Other reasonable measures to ensure information confidentiality. Article 12: Trade secrets obtained through self-development or reverse engineering shall not be deemed as infringement of trade secrets as stipulated in Article 10 (1) and (2) of the Anti-Unfair Competition Law. The term "reverse engineering" as mentioned in the preceding paragraph refers to the use of technical means to disassemble, survey, map, analyze, etc. the relevant technical information of the product obtained from public channels. If a party obtains the business secrets of others through improper means and then claims that the acquisition is legal on the grounds of reverse engineering, this will not be supported. Article 13 The customer list in trade secrets generally refers to the customer's name, address, contact information, transaction habits, intentions, content, etc., which are special customer information that is different from relevant public information, including customer lists that bring together many customers. , as well as specific customers who maintain long-term and stable trading relationships.If a customer conducts market transactions with the employee's unit based on personal trust in the employee, and after the employee leaves the company, if it can be proven that the customer voluntarily chose to conduct market transactions with himself or his new unit, it shall be deemed that no unfair means were used, but the employee and the original unit Unless otherwise agreed. Article 14 If a party alleges that others have infringed upon its trade secrets, it shall bear the burden of proof for the fact that the trade secrets it possesses meet legal conditions, that the other party's information is the same or substantially the same as its trade secrets, and that the other party has adopted unfair means. Among them, the evidence that the trade secret meets the legal conditions includes the carrier of the trade secret, the specific content, the commercial value and the specific confidentiality measures taken for the trade secret. Article 15: For infringement of trade secrets, if the licensee of the trade secret exclusive use license contract files a lawsuit, the people's court shall accept it in accordance with the law. If the licensee of an exclusive license contract and the rights holder file a lawsuit together, or if the rights holder does not file a lawsuit, they file a lawsuit on their own, the People's Court shall accept the case in accordance with the law. If the licensee and the rights holder of a general license contract file a lawsuit together, or file a lawsuit separately with the written authorization of the rights holder, the people's court shall accept the case in accordance with the law. Article 16: When the people's court decides to stop the civil liability for infringement of a trade secret, the time to stop the infringement generally lasts until the trade secret has become known to the public. If the time for stopping the infringement based on the provisions of the preceding paragraph is obviously unreasonable, the infringer may be ordered to stop using the trade secret within a certain period or within a certain range while protecting the right holder's competitive advantage of the trade secret in accordance with the law. Article 17 To determine the amount of damages for infringement of trade secrets as stipulated in Article 10 of the Anti-Unfair Competition Law, the method for determining the amount of damages for infringement of patent rights may be determined by referring to the method used to determine the amount of damages for infringement of patent rights; when determining the amount of damages for infringement of trade secrets provided for in Article 5 and 9 of the Anti-Unfair Competition Law, The amount of damages for unfair competition as stipulated in Article 14 and Article 14 may be determined by reference to the method for determining the amount of damages for infringement of the exclusive right to use a registered trademark. If a trade secret has become known to the public due to infringement, the amount of damages shall be determined based on the commercial value of the trade secret. The commercial value of a trade secret is determined based on factors such as its research and development costs, the benefits of implementing the trade secret, the benefits available, and the time it can maintain a competitive advantage. Article 18: First-instance civil cases of unfair competition stipulated in Articles 5, 9, 10 and 14 of the Anti-Unfair Competition Law are generally under the jurisdiction of the Intermediate People's Court. Each higher people's court, based on the actual situation in its jurisdiction and with the approval of the Supreme People's Court, may determine a number of basic people's courts to accept first-instance civil cases of unfair competition. Basic people's courts that have been approved to hear civil cases involving intellectual property rights may continue to accept them. Article 19 This interpretation shall come into effect on February 1, 2007. Legal objectivity:

According to the provisions of the Anti-Unfair Competition Law, the following 15 behaviors are unfair competition behaviors: 1. Counterfeiting other people’s registered trademarks; 2. Using the unique names and packaging of well-known products without authorization , decoration, or use names, packaging, decoration similar to those of well-known goods, causing confusion with other people's well-known goods, causing buyers to mistake them for the well-known goods; 3. Using other people's business names or names without authorization, causing people to misunderstand It is someone else’s product; 4. Forge or falsely use quality marks such as certification marks and famous quality marks on the product, forge the place of origin, and make misleading and false representations of the quality of the product. 5. Operators shall not use the following unfair means to engage in market transactions and harm competitors: 6. Public utility enterprises or other operators with an exclusive position according to law shall not restrict others from purchasing the commodities of their designated operators in order to exclude other operators. fair play. 7. The government and its departments shall not abuse administrative power to restrict others from purchasing the goods of its designated operators or restrict the legitimate business activities of other operators. The government and its departments shall not abuse administrative power to restrict foreign goods from entering the local market, or the flow of local goods to foreign markets. 8. Operators shall not use property or other means to bribe to sell or purchase goods.

Those who secretly give kickbacks to other units or individuals outside the accounts shall be punished as bribes; those who secretly accept kickbacks from the other units or individuals outside the accounts shall be punished as accepting bribes. When an operator sells or purchases goods, he or she may give discounts to the other party in an explicit manner and may pay commission to the intermediary. If an operator gives discounts to other parties or commissions to intermediaries, they must be truthfully recorded in the accounts. Operators who accept discounts and commissions must truthfully record them in their accounts. 9. Operators shall not use advertisements or other methods to make misleading and false propaganda about the quality, ingredients, performance, uses, producers, expiration dates, origins, etc. of the goods. Advertising operators shall not act as agents, design, produce, or publish false advertisements without knowing or should have known. 10. Operators shall not use the following means to infringe on trade secrets: (1) Obtain the right holder’s trade secrets by theft, inducement, coercion or other unfair means; (2) Obtain the right holder by disclosing, using or allowing others to use the means mentioned in the preceding paragraph. business secrets; (3) Violating the agreement or violating the obligee's requirements for keeping business secrets, disclosing, using or allowing others to use the business secrets in its possession. If a third party knowingly or should have known about the illegal acts listed in the preceding paragraph acquires, uses or discloses the business secrets of others, it shall be regarded as a business secret. The secrets mentioned in this article 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. 11. Operators shall not sell goods at prices lower than cost for the purpose of squeezing out competitors. Any of the following circumstances does not constitute unfair behavior: (1) selling fresh goods: (2) dealing with goods whose validity period is about to expire or other backlogged goods; (3) seasonal price reductions; (4) due to liquidation Debt, change of production, going out of business and selling goods at reduced prices. 12. When selling goods, operators shall not tie the goods against the will of the purchaser or attach other unreasonable conditions. 13. Operators are not allowed to engage in the following sales with prizes: (1) conduct prize sales by falsely claiming to have prizes or deliberately letting designated personnel win prizes; (2) using prize sales to promote low-quality and high-priced goods; (3) For lottery-style sales with prizes, the maximum prize amount shall not exceed 5,000 yuan. 14. Operators shall not fabricate or spread false facts to damage the business reputation and product reputation of competitors. 15. Bidders are not allowed to collude in bidding, raise the bid price or lower the bid price. Bidders and tenderers shall not collude with each other to exclude competitors from fair competition.