Current location - Trademark Inquiry Complete Network - Trademark registration - Regulations of Hubei Province on Anti-unfair Competition
Regulations of Hubei Province on Anti-unfair Competition
chapter I 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, these regulations are formulated in accordance with the law of the people's Republic of China against unfair competition and relevant laws and regulations, and in light of the actual situation of this province. Article 2 Legal persons, other economic organizations and individuals (hereinafter referred to as operators) engaged in profit-making services of commodity operators within the administrative region of this province, as well as organizations and individuals engaged in activities related to market competition, must abide by these regulations. Article 3 The term "unfair competition" as mentioned in these Regulations refers to the acts of business operators that violate the Law of the People's Republic of China against Unfair Competition and the provisions of these Regulations, violate the principles of voluntariness, equality, fairness, honesty and credit, damage the legitimate rights and interests of other business operators and consumers, and disrupt the social and economic order. Article 4 The administrative departments for industry and commerce of the people's governments at or above the county level shall be responsible for supervising and inspecting acts of unfair competition within their respective administrative areas; Where laws, administrative regulations and rules are supervised and inspected by other departments, such provisions shall prevail. Article 5 People's governments at all levels shall take measures to encourage and support operators to participate in market competition, oppose local protection and departmental protection, stop unfair competition and create favorable environmental conditions for fair competition.

any organization or individual has the right to report acts of unfair competition. On the report, the supervision and inspection departments should promptly investigate and verify, and keep confidential the informants, and reward them for their meritorious service and remarkable achievements in stopping unfair competition. Chapter ii acts of unfair competition article 6 an operator shall not engage in any of the following acts that infringe upon the exclusive right to use a registered trademark of others:

(1) using a trademark identical with or similar to its registered trademark on the same commodity or similar commodities without the permission of the owner of the registered trademark;

(2) selling goods that are knowingly counterfeit registered trademarks of others;

(3) Forge or make a registered trademark logo of others without authorization or sell a forged or made registered trademark logo without authorization. Seventh operators shall not use the name, packaging and decoration unique to or similar to well-known commodities without authorization; It is not allowed to manufacture or sell packaging and decoration that are the same as or similar to well-known commodities without authorization; Do not sell goods with the same or similar name, packaging and decoration as well-known goods, so that buyers may mistake the well-known goods.

The term "well-known commodities" as mentioned in this article refers to:

(1) commodities with well-known trademarks or well-known trademark titles;

(2) the goods recognized as famous by the state and the province;

(3) other commodities that have a certain popularity in the market and are known to the relevant public. Article 8 an operator shall not use the following means to mislead people into thinking that it is the business activities of others:

(1) to engage in business activities in the name of others by leasing counters, venues and equipment;

(2) engaging in business activities by using other people's enterprise names, their logos, graphics, characters and codes without authorization;

(3) engaging in business activities in the name of "special distribution", "designated distribution", "general agent", "special repair" or other similar names without the permission of the obligee;

(4) Joint ventures between enterprises and other enterprises only use the names of other joint venture members, and do not use their own names to engage in production and business activities. Article 9 Business operators shall not sell commodities with forged origin or with false representation of origin; There shall be no following acts of forging the place of origin or making false representations of the place of origin:

(1) Not marking the place of origin according to administrative divisions;

(2) The products of the joint venture shall be marked not with the place of origin of the production enterprise, but with the place of origin of the joint venture member enterprises;

(3) the place of origin is not marked in Chinese.

the place of origin as mentioned in this article refers to the name of the administrative division or place name where the goods are finally formed, including the place of production, processing or assembly of industrial products, the place of production, breeding or natural formation of agricultural and sideline products, Chinese herbal medicines, mineral products and other commodities. Tenth operators shall not sell goods that make false representations about the quality of goods; Shall not forge, manufacture or sell forged or manufactured quality marks without authorization; The following means shall not be used in the packaging and decoration of commodities to make misleading or false representations about the quality of commodities:

(1) fraudulently using certification marks, famous and excellent marks or using false certification marks, famous and excellent marks and other quality marks that have been cancelled beyond the time limit;

(2) making untrue representations about the specifications, models, grades, performances, uses, manufacturing ingredients, names and contents of commodities;

(3) making untrue or vague representations on the production date, factory date, safe use or expiration date;

(4) forging or fraudulently using quality inspection certificate, production permit, license, patent certificate, number, label, barcode label, producer and research unit;

(5) The contents that should be marked on the commodities or their packages according to state regulations are not marked. Article 11 Business operators shall not make misleading or false propaganda on the quality, quantity, price, performance, use, producer, ingredients, expiration date and service promise of commodities by means of advertisements, propaganda media and other methods. Twelfth operators shall not secretly give or accept or ask for kickbacks from other units and individuals outside the account; Bribery shall not be used in any way to sell or buy goods.