Legal analysis
The so-called "unfair competition" refers to the behavior of operators who violate the provisions of the anti-unfair competition law, disrupt the order of market competition, and harm the legitimate rights and interests of other operators or consumers. Confusion refers to the act of pretending to be the name, trademark, quality and origin mark of other operators or their goods, which causes confusion and misunderstanding. Including the following acts: first, unauthorized use of the same or similar signs such as commodity names, packaging and decoration that have certain influence on others; Two, unauthorized use of enterprise name (including abbreviation, font size, etc.). ), social organizations (including abbreviation, etc. ) and name (including pen name, stage name, translated name, etc. ) has a certain influence on others; Third, unauthorized use of domain names, website names, web pages, etc. , have a certain influence on others; Fourth, other confusing behaviors can lead people to mistakenly think that they are other people's goods or have a specific connection with others. Any unit or individual has the right to report acts suspected of unfair competition to the supervision and inspection department, which shall promptly handle them according to law after receiving the report. The supervision and inspection department shall publicly accept the telephone number, email address or email address of the report to the public, and keep confidential the informants. The supervision and inspection departments have five powers when investigating unfair competition, namely, on-site inspection right, inquiry right, inquiry copy right, seizure right and inquiry bank account right; The supervision and inspection departments and their staff have the obligation to keep confidential the business secrets they know during the investigation. The operators, interested parties and other relevant units and individuals under investigation shall truthfully provide relevant information or materials.
legal ground
People's Republic of China (PRC) Anti-unfair Competition Law
Article 11 Business operators shall not fabricate or disseminate false or misleading information, which will damage the business reputation and commodity reputation of competitors.
Article 23 Where an operator violates the provisions of Article 11 of this Law and damages the business reputation and commodity reputation of a competitor, the supervision and inspection department shall order him to stop the illegal act and eliminate the impact, and impose a fine of not less than 100,000 yuan but not more than 500,000 yuan; If the circumstances are serious, a fine of not less than 500,000 yuan but not more than 3 million yuan shall be imposed.