Article 1: Goods that have a certain market reputation in China and are known to the relevant public shall be recognized as "well-known goods" as stipulated in Article 5(2) of the Anti-Unfair Competition Law. When the people's court identifies a well-known commodity, it shall make a comprehensive judgment by considering the sales time, sales area, sales volume and sales target of the commodity, the duration, extent and geographical scope of any publicity, and the protection status of the commodity as a well-known commodity. The plaintiff shall bear the burden of proof of the market popularity of its products.

The use of the same or similar names, packaging, and decorations unique to well-known products in different geographical areas, and subsequent users can prove that they used them in good faith, does not constitute Article 5 of the Anti-Unfair Competition Law (( Unfair competition behavior specified in item 2). If subsequent business activities enter the same geographical area, causing confusion about the source of the goods, and the earlier user requests to order the subsequent user to attach other signs sufficient to distinguish the source of the goods, the People's Court shall support the request. Article 2 The name, packaging, and decoration of goods with distinctive features that distinguish the source of the goods shall be recognized as "unique names, packaging, and decoration" as stipulated in Item (2) of Article 5 of the Anti-Unfair Competition Law. In any of the following circumstances, the people's court will not recognize the name, packaging, and decoration unique to well-known commodities:

(1) The common name, graphics, and model of the commodity;

(2) ) A trade name that only directly expresses the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods;

(3) Shapes that are only produced by the nature of the goods themselves, for the purpose of obtaining technical effects The required shape of the product and the shape that makes the product have substantial value;

(4) Other product names, packaging, and decoration that lack distinctive features.

If the circumstances specified in items (1), (2), and (4) of the preceding paragraph have acquired distinctive features through use, they may be recognized as unique names, packaging, and decorations.

The unique name, packaging, and decoration of well-known products contain the common name, graphics, and model of the product, or directly indicate the quality, main raw materials, functions, uses, weight, quantity, and other characteristics of the product, or If it contains a place name and is legitimately used by others for describing the goods objectively, it does not constitute an act of unfair competition. Article 3 The overall business image with a unique style consisting of the decoration of the operator’s business premises, the style of business utensils, and the clothing of business personnel, etc., can be determined as “the overall business image” specified in Item (2) of Article 5 of the Anti-Unfair Competition Law. Decoration". Article 4 If it is enough to cause the relevant public to misunderstand the source of the goods, including mistakenly believing that there is a specific connection with the operator of the well-known goods such as licensing, affiliated enterprise relations, etc., it shall be determined as Article 5 (2) of the Anti-Unfair Competition Law. ) "causing confusion with other people's well-known goods, causing buyers to mistake them for the well-known goods."

The use of identical or visually indistinguishable product names, packaging, and decoration on the same product shall be deemed to be sufficient to cause confusion with other people’s well-known products.

If it is determined to be identical or similar to the unique name, packaging, and decoration of a well-known product, you can refer to the principles and methods for judging whether a trademark is identical or similar. Article 5 If the name, packaging, and decoration of a commodity are signs that cannot be used as trademarks as stipulated in Article 10, Paragraph 1, of the Trademark Law, and the party concerned requests protection in accordance with Article 5, Item (2) of the Anti-Unfair Competition Law, the people's The court did not support it. Article 6 The enterprise names registered by the enterprise registration authority in accordance with the law, as well as the names of foreign (regional) enterprises used commercially in China, shall be recognized as "enterprise names" as stipulated in Article 5 (3) of the Anti-Unfair Competition Law. ". The trade name in the name of an enterprise that has a certain degree of market visibility and is known to the relevant public can be recognized as the "enterprise name" stipulated in Article 5 (3) of the Anti-Unfair Competition Law.

The name of a natural person used in commodity operations shall be recognized as the “name” stipulated in Article 5(3) of the Anti-Unfair Competition Law.

The pen name, stage name, etc. of a natural person who has a certain degree of market visibility and is known to the relevant public can be recognized as the "name" stipulated in Article 5 (3) of the Anti-Unfair Competition Law. Article 7 Commercial use within the territory of China includes using the unique names, packaging, decoration, or company names of well-known commodities on commodities, commodity packaging, and commodity transaction documents, or using them in advertising, exhibitions, and other commercial activities , should be deemed as “use” as stipulated in Items (2) and (3) of Article 5 of the Anti-Unfair Competition Law. Article 8 If an operator engages in any of the following behaviors, which is sufficient to cause misunderstanding among the relevant public, it may be deemed as misleading and false publicity behavior as stipulated in Paragraph 1 of Article 9 of the Anti-Unfair Competition Law:

( 1) One-sided promotion or comparison of products;

(2) Using scientifically inconclusive views, phenomena, etc. as conclusive facts for product promotion;

(3) Promoting products in ambiguous language or other misleading ways.

Promoting products in an obviously exaggerated manner that is not sufficient to cause misunderstanding among the relevant public does not constitute misleading false advertising.

The People's Court shall determine misleading false propaganda based on factors such as daily life experience, the general attention of the relevant public, the fact that the misunderstanding occurred, and the actual situation of the target of the propaganda.