Chapter 1 General Provisions Article 1 In order to ensure the healthy development of the socialist market economy, encourage and protect fair competition, stop unfair competition, and protect the legitimate rights and interests of operators and consumers, according to the "People's Republic of China ** and the National Anti-Unfair Competition Law" and relevant laws and regulations, and combined with the actual conditions of this province, these regulations are formulated. Article 2 All legal persons, other economic organizations and individuals (hereinafter collectively referred to as operators) engaged in the production and sale of commodities or profit-making services (hereinafter referred to as commodities including services) within the jurisdiction of this province shall abide by these Regulations.
This Regulation also applies to the actions of the government, its departments, and other organizations and individuals other than operators, which hinder fair competition. Article 3 Operators shall abide by the principles of voluntariness, equality, fairness, honesty and credit in market transactions, and abide by generally recognized business ethics.
Unfair competition as referred to 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, harming the legitimate rights and interests of other operators and consumers. , behavior that disrupts social and economic order. Article 4 People's governments at all levels shall take measures to stop unfair competition and create a good environment and conditions for fair competition.
The administrative departments for industry and commerce of the people’s governments at or above the county level shall supervise and inspect acts of unfair competition; if laws and regulations stipulate supervision and inspection by other relevant departments, such provisions shall prevail. Article 5: The state encourages, supports and protects all organizations and individuals to conduct social supervision of unfair competition. Any organization or individual has the right to report unfair competition behavior to the industrial and commercial administration department or other relevant departments.
The administrative department for industry and commerce or other relevant departments shall keep the whistleblower confidential, and may reward those who report meritoriously. The reward measures shall be implemented in accordance with relevant regulations. Article 6: State agency staff shall not support or cover unfair competition practices. Chapter 2 Prohibition of Unfair Competition Acts Article 7 Operators shall not engage in the following acts of counterfeiting other people’s registered trademarks:
(1) Without the permission of the owner of the registered trademark, use the same or similar goods on the same or similar goods Using a trademark that is the same as or similar to its registered trademark;
(2) Forging or creating without authorization the logo of another person’s registered trademark;
(3) Giving other people’s exclusive right to use a registered trademark and causing other damaging. Article 8 Operators shall not use the unique trade names, packaging, and decoration of other people's well-known goods without authorization, or use names, packaging, and decoration that are similar to other people's well-known goods, causing confusion with other people's well-known goods and causing buyers to mistakenly think that they are the goods. Well-known items. Article 9 Operators shall not forge company names, use other people's company names or names without authorization, and may not use words, graphics, or codes representing company names or names that are the same as or similar to others without authorization, so as to cause people to mistakenly think that they are other people's goods. Article 10 Operators shall not make the following false or misleading representations on goods, packaging, instructions, and price labels:
(1) Forge or fraudulently use quality marks such as certification marks, famous and quality marks, etc. Using canceled quality marks;
(2) Counterfeiting patented products, counterfeiting other people’s patents, and using expired patent numbers;
(3) Forging or counterfeiting quality inspection certificates, Licenses and production approval certificates, forging or falsely using the names of developers and supervisors;
(4) Forging or falsely using the place of origin and processing of goods, forging or falsely using the address of another person's factory, and selling them domestically Products do not need to be marked with the product name, factory name and address in Chinese;
(5) False representations of the product’s performance, use, specifications, grade, weight, quantity, ingredients and content, etc.;
(6) Forging the production date, safe use period and expiry date of goods or making vague markings on them. Article 11 Operators shall not sell commodities that are knowingly produced by conduct prohibited by Articles 7, 8, 9 and 10 of these Regulations. Article 12 Public utility enterprises or other operators with a monopoly position according to law shall not restrict or force others to purchase the commodities provided by them or their designated operators in order to exclude other operators from fair competition.
Article 13 The government and its subordinate departments shall not abuse administrative power and carry out the following acts that restrict fair competition: (1) Restricting others from purchasing the commodities of its designated operators and restricting the legitimate operations of other operators Activities;
(2) Use measures such as building customs cards, raising inspection standards, increasing approval procedures, and administrative orders to restrict foreign goods from entering the local market or local goods from flowing to foreign markets. Article 14 Operators shall not use advertisements or the following methods to express doubts about the reputation of their products and the quality, performance, purpose, grade, weight, quantity, ingredients, validity period, manufacturer, place of origin, price, pre-sales and after-sales services, etc. Making false or misleading publicity:
(1) Accompanying or instructing others to pretend to be customers for inducement;
(2) Making false on-site demonstrations and descriptions of products;
(3) Posting, distributing, or mailing promotional materials with false content;
(4) Making misleading text labels, descriptions, or explanations of the products;
(5) Making false publicity reports through mass media in the form of news, exclusive interviews, etc.;
(6) Other false publicity behaviors.
Advertisements, instruction manuals, promotional materials and other content for food, drugs, and medical devices shall not exceed the scope of the relevant departments’ approval of the advertising content of the product.
Advertising operators and publishers shall not act as agents, design, produce or publish false or misleading advertisements knowingly or should have known.