Seven acts of unfair competition. Some companies with ulterior motives adopt some unfair competition behaviors because they are jealous of competitors' product competitiveness, which has violated the basic laws of market competition. The following are seven acts of unfair competition.

Seven unfair competition behaviors 1 seven unfair competition behaviors

1. Engage in market transactions by confusing means such as counterfeiting or counterfeiting, thus damaging competitors.

According to the provisions of the Anti-Unfair Competition Law, these acts of unfair competition are:

(1) Counterfeiting the registered trademark of others.

(2) Using the unique name, packaging and decoration of a well-known commodity without authorization, or using the name, packaging and decoration similar to that of a well-known commodity, resulting in confusion with other people's well-known commodities, and making the buyer mistake it for the well-known commodity.

(three) unauthorized use of another person's enterprise name or font size, so that people mistakenly believe that it is another person's goods.

(4) Forging or fraudulently using quality marks such as certification marks and brand-name marks on commodities, forging the place of origin, and making misleading false representations on commodities.

2. Commercial bribery

Commercial bribery refers to the behavior of business operators in market trading activities, in order to obtain trading opportunities, especially to gain market advantages over competitors, by secretly paying property or other improper means, to buy off customers' responsible persons, employees, partners, agents and staff of relevant government departments and other relevant personnel who can influence market transactions.

3. Misleading false propaganda

Misleading false propaganda refers to the misleading propaganda of the quality, composition, performance, use, producer, expiration date and place of origin of the goods by the operators through advertisements or other means. Misleading false propaganda includes both false propaganda and misleading propaganda.

4. Infringement of trade secrets

There are several forms of unfair competition in which business operators infringe on business secrets:

(1) The business operator obtains the business secrets of the obligee by improper means such as theft, inducement or coercion.

(2) The business operator discloses, uses or allows others to use the business secrets of the obligee obtained by illegal means such as theft, inducement or coercion.

(3) The business operator discloses, uses or notifies others to use the business secrets in his possession in violation of the agreement or the obligee's requirements on keeping business secrets.

(4) A third party obtains, uses or discloses the business secret of the obligee while knowing or should know that the business secret was obtained by the operator through improper means and illegally disclosing, using or allowing others to use it.

5. Operators sell goods at a price lower than the cost for the purpose of crowding out competitors.

The Anti-Unfair Competition Law prohibits operators from selling goods at a price lower than the cost for the purpose of crowding out competitors, but some exceptions are stipulated:

(1) sells fresh food.

(2) Deal with the commodities whose validity period is about to expire or other overstocked commodities.

(3) Seasonal price reduction.

(4) Selling goods at reduced prices due to paying off debts, changing production or suspending business.

6. Conditional trading behavior

Conditional trading behavior refers to the behavior that operators use their own economic advantages or business advantages to tie in other goods against the wishes of buyers or attach other unreasonable trading conditions when selling goods or providing services.

7, in violation of the provisions of the award-winning sales behavior

Bonus sales refers to the behavior of operators to promote sales by offering prizes or bonuses.

China's Anti-Unfair Competition Law prohibits the following three forms of sales with prizes:

(1) Selling with prizes by falsely reporting the winning prize or intentionally letting the default personnel win the prize.

(2) using the means of prize-winning sales to promote high-quality and low-priced goods.

(3) sales by lottery with prizes, with the highest prize amount exceeding 5,000 yuan.

Seven acts of unfair competition II. Counterfeiting and confusing behavior: Business operators mislead people into thinking that they are other people's goods or have a specific connection with others through confusing means, and the product names, packaging, decoration, logos, enterprise names, social organization names, domain names and website names with "influence" belong to the corresponding protected objects.

Commercial bribery: the operator bribes the staff of the counterparty, the unit or individual entrusted by the counterparty to handle related affairs, and the unit or individual who uses his power or influence to influence the transaction through financial or other means.

False propaganda behavior: the operator makes false propaganda on the performance, function, quality, sales status, user evaluation and honor of the product. Or by organizing false transactions to help them make false propaganda, deceive and mislead consumers.

Infringement of business secrets: including business secrets obtained by business operators by improper means such as theft, bribery and fraud; Business operators disclose, use or allow others to use the business secrets of the obligee obtained through unfair competition; In violation of the agreement or relevant confidentiality requirements, disclose, use or allow others to use the business secrets they have; A third party obtains, discloses, uses or allows others to use a trade secret while knowing that the employee, former employee or other unit or individual of the holder of the trade secret has violated the trade secret.

Illegal sales with prizes: the types of prizes, redemption conditions, bonus amount or prizes set by operators are not clear, which affects redemption; Sales with prizes by falsely claiming prizes or intentionally letting default personnel win prizes; The highest prize in lottery sales is over 50,000 yuan.

Business slander: business operators fabricate and spread false information or mislead information, which damages the business reputation and commodity reputation of competitors.

Unfair competition in the internet field: operators use technical means to influence users' choices and implement network products or services that hinder or destroy other operators' lawful provision.

Seven acts of unfair competition. Fraudulent transaction methods: including four types:

1, counterfeiting the registered trademark of others. Without the consent of the registered trademark owner, unauthorized use of another person's registered trademark is both trademark infringement and unfair competition;

2. Use the name, packaging and decoration of a well-known commodity without authorization, or use the name, packaging and decoration similar to that of a well-known commodity, so that the buyer mistakenly thinks it is the well-known commodity;

3, unauthorized use of other people's trade names or names, making people mistakenly think that they are other people's goods;

4. Forge or fraudulently use quality marks such as certification marks and brand-name marks on commodities, forge the place of origin, and make misleading false representations about the quality of commodities.

Second, commercial bribery:

Commercial bribery refers to the behavior that operators use bribery to gain competitive advantage in order to promote or buy goods. Different from legal "kickback", "discount" and "commission", the property or other benefits given by bribery are not reflected in the formal accounts of the counterparty.

Third, false advertising:

It refers to the misleading false propaganda of the quality, composition, performance, use, manufacturer, expiration date and place of origin of the products by the operators through advertisements or other methods, so as to make them known to the public.

Four. Infringement of trade secrets:

Trade secrets refer to technical and commercial information that is unknown to the public, can bring economic benefits to the obligee, is practical, and is kept confidential by the obligee. Violations of trade secrets include:

1. Obtaining the business secrets of the obligee by theft, inducement, coercion or other improper means;

2. Disclosing, using or allowing others to use the business secrets of the obligee obtained by means of the preceding paragraph;

3. To disclose, use or allow others to use the business secrets in their possession in violation of the agreement or the requirements of the obligee to keep the business secrets. If a third person knows or should know about the illegal behavior in the front row and obtains, uses or discloses other people's trade secrets, it shall be regarded as infringement of trade secrets.

Five, predatory pricing:

Predatory pricing refers to the behavior of operators selling goods at a price lower than the cost for the purpose of crushing their opponents. The unfair competition behavior that constitutes predatory pricing needs to crush opponents and sell goods at a price lower than the cost. However, the sale of fresh commodities, the disposal of commodities whose validity period is about to expire or other overstocked commodities, seasonal price reduction, and the sale of commodities at reduced prices due to debt repayment, production change, closure and other reasons are not predatory pricing.

Six, deceptive sales with prizes and sales with prizes:

Operators sell goods by falsely claiming prizes or letting insiders win prizes, and promote high-quality and low-priced products by winning prizes, all of which constitute unfair competition behaviors of deceptive prize-winning sales. Grand prize sales refers to the sales with the highest prize exceeding 5,000 yuan. Grand prize sales tend to encourage blind consumption, which is a threat to small and medium-sized enterprises and virtually destroys the order of fair competition, so it is an unfair competition.

7. Defame the business reputation of competitors:

Business reputation is a comprehensive evaluation made by the society on the business activities of operators. This evaluation reflects the business image of the operator and forms a specific reputation with the property content belonging to the operator. By fabricating facts and spreading false news, the actor who denigrates the business reputation of competitors must be the operator. Business operators who violate the above provisions and cause damage to the infringed shall be liable for damages.