1. What are the unfair competition behaviors in the Anti-Unfair Competition Law? According to Article 5 of the Anti-Unfair Competition Law: (1) Counterfeiting the registered trademark of others. (2) Confused with well-known commodities. (three) unauthorized use of another person's enterprise name or font size, so that people mistakenly think that it is another person's goods. (four) forgery, fraudulent use of various quality marks and origin. Chapter II of the Anti-Unfair Competition Law lists 1 1 kinds of unfair competition behaviors, of which four are acts of restricting competition, and the other seven are acts of unfair competition, including market confusion, commercial bribery, misleading false propaganda, infringement of trade secrets, dumping at low prices, sales with prizes in violation of regulations, and commercial slander. 2. What are the characteristics of unfair competition? Unfair competition behavior refers to the behavior that operators compete with other operators in the market competition by means and methods that violate the law or the recognized business ethics. The main body of this behavior is the operator engaged in market trading activities; Objectively implemented the means of unfair competition prohibited by Article 5 of the Anti-Unfair Competition Law; Behavior is enough to mislead users or consumers. Article 6 of the Anti-Unfair Competition Law stipulates that business operators shall not commit the following confusing acts, which may make people mistakenly think that they are other people's goods or have a specific connection with others: (1) unauthorized use of identical or similar marks such as commodity names, packaging and decoration that have certain influence on others; (2) unauthorized use of enterprise name (including abbreviation, font size, etc.). ), social organizations (including abbreviation, etc. ) and name (including pen name, stage name, translated name, etc. ) has a certain influence on others; Wait a minute. Three. Elements of unfair competition What are the elements of unfair competition? (1) The subject of behavior is the operator. Operators refer to legal persons, other economic organizations and individuals engaged in commodity management and profit-making services. The operators mentioned here emphasize the main body engaged in business activities, regardless of whether they have legal qualifications or abilities. The subjects mentioned here include general subjects and special subjects, and the latter includes illegal operators, the government and its subordinate departments. (2) There is unfair competition. (three) damage the legitimate rights and interests of other operators. (4) The actor has subjective fault. To sum up, operators can participate in specific market transactions, establish, change and terminate specific legal relationships according to their true wishes.

Legal objectivity:

Unfair competition behavior refers to the behavior of operators competing with other operators in market competition by means and methods that violate the law or the recognized business ethics. Improper sales with prizes refers to the behavior that operators actually take deception or other improper means to harm the interests of users, consumers or the legitimate rights and interests of other operators in the name of providing rewards (including money, objects and additional services). ) When selling goods or providing services. Bonus sales is an effective promotion method, which can be roughly divided into two ways: one is bonus sales for all buyers, and the other is lottery sales for some buyers. The law does not prohibit all sales with prizes, but only sales with prizes that may cause adverse consequences and undermine competition rules. Article 13 of the Anti-Unfair Competition Law prohibits operators from engaging in three kinds of prize-winning sales by enumerating. The State Administration for Industry and Commerce 1 99365438+Several Provisions on Prohibiting Unfair Competition in Bonus Sales Activities on February 9 detailed Article 13, prohibiting the sale of prizes in the following ways: (1) falsely claiming that there is a prize sale, or regarding the types of prizes established, winning probability, maximum prize amount, total amount and prizes. (two) deliberately let the default personnel win the prize by improper means; (3) Deliberately not putting commodities and lottery tickets with winning marks on the market or not putting them on the market at the same time, or deliberately putting commodities and lottery tickets with different bonus amounts or winning marks on the market at different times; (four) lottery sales with prizes, with the maximum prize amount exceeding 5,000 yuan (if non-cash items or other economic benefits are used as rewards, the amount will be converted according to the normal price of similar goods or services in the market at the same period); (five) the use of prize-winning sales means to promote high quality and low price goods; (6) Other fraudulent sales with prizes. The main points of improper sales with prizes are as follows: (1) The main body of improper sales with prizes is the operator. Article 13 of the Anti-Unfair Competition Law and Order 19 of the State Administration for Industry and Commerce are not applicable to the prize-winning fund-raising and lottery sales activities approved by the government and relevant government departments. (2) The business operator conducts unfair sales with prizes prohibited by law. Such as deceptive sales with prizes or sales with prizes. (3) The purpose of unfair sales with prizes is to compete for customers, expand market share and crowd out competitors. According to the provisions of Article 26 of the Anti-Unfair Competition Law, if an operator violates the provisions of Article 13 of the Law by selling with prizes, the supervision and inspection department shall order him to stop the illegal act, and may impose a fine ranging from 6,543.8+0,000 yuan to 6,543.8+0,000 yuan according to the circumstances. If a party is infringed by unfair competition in prize-winning sales activities, he may bring a compensation lawsuit to the people's court according to the provisions of Article 20 of the Anti-Unfair Competition Law.