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Health care products against unfair competition law
Hello, the following are the contents of health care products against unfair competition law. According to Article 5 of the Anti-unfair Competition Law, the following acts are all confusing acts: [1] (1) Counterfeiting the registered trademark of others. Registered trademark right is one of the important rights of intellectual property. The Trademark Law has made special provisions on the content, exercise mode and protection scope of the registered trademark right. The Anti-Unfair Competition Law prohibits counterfeiting other people's registered trademarks as acts of unfair competition, and its legislative intention is to weave a stricter legal net, so that such acts are prevented and sanctioned by both the Trademark Law and the Anti-Unfair Competition Law. Therefore, in terms of legal liability, the anti-unfair competition law stipulates that such acts shall be punished according to the trademark law. If the trademark law cannot be applied, and the actor does cause damage to the registered trademark of others, he may be investigated for legal responsibility according to the Anti-Unfair Competition Law. (2) Confused with well-known commodities. According to Article 6 of the Anti-Unfair Competition Law, unauthorized use of the unique name, packaging and decoration of a well-known commodity, or the use of a name, packaging and decoration similar to that of a well-known commodity, which causes confusion with other people's well-known commodities and makes buyers mistake it for the well-known commodity, constitutes unfair competition. On July 6, 1995, the State Administration for Industry and Commerce issued "Several Provisions on Prohibiting the Unfair Competition of the Unique Names, Packaging and Decoration of Well-known Commodities", which made comprehensive and detailed provisions on the protection of well-known commodities. The so-called "well-known commodities" refer to commodities that have a certain popularity in the market and are known to the relevant public. The so-called unique names of well-known commodities refer to the commodity names that are unique to well-known commodities and are significantly different from common names. The reason why laws and administrative regulations protect the unique names, packages and decorations of well-known commodities is that the unique names, packages and decorations of commodities are the fruits of the creative work of the obligee. In the process of use, the obligee invests a certain amount of human and financial resources to publicize them, which makes them become well-known commodities from ordinary commodities. Others make, use and sell the unique names, packages and decorations of well-known commodities without authorization, with the purpose of using their good commodity reputation and certain popularity to promote their own commodities or seek other illegal interests, and their improper attributes are obvious. The ownership of the unique name, packaging and decoration of well-known commodities shall be determined in accordance with the principle of prior use when there are many people claiming rights. (3) Unauthorized use of other people's enterprise names or names, which leads people to mistake them for other people's goods. The name of an enterprise and the name of a natural person are the most distinctive and basic identifying symbols of its owner. Enterprise name right and name right are important parts of personality right protected by law. In marketing activities, the name of an enterprise and the name of a producer or operator are important signs to distinguish the source of a commodity producer, operator or service provider, which can reflect the commodity reputation and business reputation of the enterprise or the producer or operator. If others want to use it (for whatever purpose), they must obtain the written consent of the legal owner. Unauthorized use not only infringes on the legal prior rights of others, but also deceives consumers and destroys the rules of market competition. Therefore, the anti-unfair competition law expressly prohibits it. (4) Forgery and fraudulent use of various quality marks and places of origin. According to the provisions of relevant laws and administrative regulations, the quality marks of China mainly include product quality certification marks and famous brand marks. Product quality certification mark refers to a mark issued by an enterprise through application and recognized by authoritative certification bodies at home and abroad, indicating that the product quality has reached the certification standard. The use of certification marks can improve the competitiveness of goods and enhance the trust of users. Forging and fraudulently using certification marks without certification not only tramples on the national commodity quality certification system, making it useless, but also may make commodities with hidden dangers of accidents flow into the market, endangering the lives or property safety of users and consumers. The Anti-Unfair Competition Law prohibits such acts as serious violations. Famous brand symbol is an honorary quality symbol. There are three kinds of famous and excellent marks given to products by the state: gold medal honor mark, silver medal honor mark and "excellent" mark. Only in accordance with legal procedures and recognized by specialized agencies can they be obtained and used. Forging and fraudulently using famous and famous marks is contrary to the business ethics of honesty and credit, and it is a complete deceptive act, so it is prohibited by the anti-unfair competition law. The name of the place of origin is a descriptive symbol indicating that a product originated from a certain country or region. When there is a fixed relationship between product quality and characteristics and its origin, the name of origin reflects not only the external relationship between product and its origin, but also the internal relationship between product quality and origin. At this time, the name of the place of origin is not only symbolic to the product quality, but also has a distinguishing function, so it is protected by laws and international conventions or treaties, such as the provisions on the name of the place of origin in the Paris Convention for the Protection of Industrial Property and the provisions on geographical indications in the Agreement on Trade-related Intellectual Property Rights. Item 4 of Article 5 of the Anti-Unfair Competition Law prohibits the word "place of origin" in "counterfeiting place of origin", and its extension is obviously larger than "name of place of origin" and closer to "geographical indication". In practice, if the act of forging origin cannot be effectively stopped according to the product quality law and industrial property law, it should be punished according to the anti-unfair competition law.