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Comparison of the old and new anti-unfair competition laws

Legal analysis: The seven types of unfair competition behaviors have been revised and improved, and the provisions on confusing behaviors have been revised and improved. Connect with the Trademark Law and delete the act of counterfeiting someone else’s registered trademark in Article 5(1) of the current Anti-Unfair Competition Law. Delete Article 5(4) of the current Anti-Unfair Competition Law regarding “forging or fraudulently using quality marks such as certification marks and famous quality marks on goods, forging the place of origin, and making misleading and false representations of the quality of goods.” It is stipulated that this kind of behavior can be investigated and dealt with by applying the provisions of Article 8 of the new Anti-Unfair Competition Law regarding false or misleading commercial propaganda. The scope of protected commercial marks has been expanded to include marks that are identical or similar to product names, packaging, decoration, etc., as well as the main part of domain names, website names, web pages, etc., into the scope of protection. Generally, on the premise that the counterfeited logo has a certain influence in the relevant field and is known to the relevant public, the qualification of "having a certain influence" is added before the relevant logo. Principle requirements are made for operators whose registered enterprise names violate the provisions of Article 6 of this Law: If operators register enterprise names that violate the provisions of Article 6 of this Law, they must promptly handle name change registration; before the name is changed, the original enterprise registration authority shall Replace its name with the Unified Social Credit Code.

Legal basis: Article 8 of the Law of the People's Republic of China on Anti-Unfair Competition Make false or misleading commercial propaganda to deceive and mislead consumers.

Operators shall not help other operators conduct false or misleading business promotions by organizing false transactions or other methods.