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Guangxi Zhuang Autonomous Region Anti-Unfair Competition Regulations (2019 Revision)

Chapter 1 General Provisions Article 1 In order to ensure the healthy development of the socialist market economy, maintain market order, encourage and protect fair competition, stop unfair competition, and protect the legitimate rights and interests of operators and consumers, according to These regulations are formulated in accordance with the provisions of the "Law of the People's Republic of China and the State Against Unfair Competition" and relevant laws and regulations, and in combination with the actual conditions of this autonomous region. Article 2 Operators engaged in commodity operations and for-profit services within the administrative area of ??this autonomous region, as well as other organizations and individuals engaged in activities related to market competition, must abide by these regulations. Article 3 Operators shall abide by the principles of voluntariness, equality, fairness, and good faith in commodity transactions.

The term “unfair competition” as mentioned in these Regulations refers to an operator’s violation of the “Law of the People’s Republic of China and the State Against Unfair Competition” and the provisions of these Regulations, and damages the legitimate rights and interests of other operators and consumers. , behavior that disrupts social and economic order. Article 4 The market supervision and administration departments at or above the county level are responsible for supervising and inspecting unfair competition practices. If laws and regulations provide for supervision and inspection by other departments, such provisions shall prevail. Article 5 People's governments at all levels shall encourage, support and protect all organizations and individuals to conduct social supervision and public opinion supervision of unfair competition, and ensure that supervision and inspection departments perform their duties in accordance with the law. Article 6: All organizations and individuals have the right to report, expose and assist the supervision and inspection departments in investigating and dealing with unfair competition. The supervision and inspection departments shall keep the whistleblower confidential. Rewards will be given to those who have made meritorious service in reporting and exposing the truth and assisting in the investigation and handling of unfair competition. Chapter 2 Unfair Competition Acts Article 7 Operators shall not engage in the following acts of counterfeiting other people’s registered trademarks:

(1) Using the same or similar goods on the same or similar goods without the permission of the owner of the registered trademark Trademarks with the same registered trademark;

(2) Selling goods that knowingly or should have known to be counterfeiting other people’s registered trademarks;

(3) Counterfeiting or making without authorization the signs of other people’s registered trademarks or selling counterfeit goods , Registered trademarks made without authorization. Article 8 Operators shall not use the unique names, packaging, and decoration of well-known commodities without authorization, or use names, packaging, and decoration similar to those of well-known commodities, causing confusion with other people's well-known commodities and causing buyers to mistake them for the well-known commodities. Article 9 Operators shall not use the following means to make misleading and false representations of product quality:

(1) Forge or fraudulently use quality marks such as certification marks, famous and quality marks;

(2) Continue to use the canceled certification mark or famous quality mark;

(3) The certification mark or famous quality mark used is inconsistent with the actual certification mark or famous quality mark;

(4) Forging or impersonating quality inspection certificates, licenses, or names of supervisory units;

(5) Forging or impersonating other people’s company names, addresses, and legal numbers, barcodes, and identification codes of goods , anti-counterfeiting labels;

(6) The production date, safe use date, expiry date and place of origin of the counterfeit goods;

(7) The performance, purpose, specifications, grade, production of the counterfeit goods Ingredients, their names and contents. Article 10 Operators shall not use advertisements or other methods to introduce information on the price, quality, performance, purpose, specification, grade, ingredients, content and name, manufacturing method, manufacturing date, usage method, expiry date, place of origin, processing etc. Authors, manufacturers, etc. make misleading and false propaganda.

The other methods mentioned in the preceding paragraph refer to the following behaviors:

(1) Employing or collaborating with others to conduct deceptive sales inducements;

(2) Make false on-site demonstrations and explanations;

(3) Post, distribute, and mail false product manuals and other promotional materials;

(4) Make false text labels, Explain or explain;

(5) Use the news media to make false propaganda reports.

Advertising operators shall not act as agents, design, produce, or publish false advertisements or illegal prize-based sales advertisements without knowing or should have known.

Article 11 People's governments at all levels and their affiliated departments shall not abuse administrative power to limit the scope, method, object, quantity, price, etc. of goods sold by operators; restrict others from purchasing goods from operators designated by them, and restrict others from purchasing goods from designated operators. business units to handle business and restrict the legitimate business activities of other operators.

People's governments at all levels and their subordinate departments shall not abuse their administrative power to restrict the entry of foreign goods into the local market or the flow of local goods to other places by setting up customs and cards, raising inspection standards, increasing approval procedures or illegal charges. market.

Where people's governments at all levels impose restrictions on the purchase and sale of certain commodities that are closely related to the national economy and people's livelihood and personal safety in accordance with the law, or temporarily restrict the circulation of specific commodities in a certain area to prevent the spread of epidemics, diseases and insect pests, they do not fall under the previous category. conduct prohibited by this paragraph. Article 12 Public utility enterprises or other operators with exclusive status according to law shall not engage in the following acts:

(1) Restrict users and consumers to only purchase and use the operators provided by them or designated by them related goods provided by other operators, and shall not purchase and use similar goods provided by other operators that comply with national or industry technical standards;

(2) Forcing users and consumers to purchase those provided by them or their designated operators unnecessary goods and accessories;

(3) To make things difficult for users and consumers who resist its restrictive behavior by refusing, interrupting, reducing the supply of relevant goods or increasing fees;

(4) Other behaviors that restrict competition.