(1) The operator adopts false marks on the appearance of goods;
(two) the quality of goods reflected by false labels is inconsistent with the facts;
③ False labels will mislead consumers' judgment and choice;
(4) False labeling infringes on the fair competition rights of other operators. Fake and shoddy is the most common unfair competition, and its legislative performance is:
(1) Counterfeiting another person's registered trademark is an infringement of the exclusive right to use a registered trademark. According to Article 52 of the Trademark Law, an operator commits the following acts, which constitutes an infringement of the exclusive right to use a registered trademark:
(1) Using a trademark identical with or similar to its registered trademark on the same or similar goods without the permission of the trademark registrant;
(2) selling goods that infringe upon the exclusive right to use a registered trademark;
(3) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks;
(four) without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put on the market again;
(5) causing other damage to the exclusive right to use a registered trademark of others. Obviously, there is competition in legislation, that is, two laws with the same effect regulate the same behavior.
(2) Using the unique name, packaging and decoration of a well-known commodity without authorization, or using the name, packaging and decoration similar to that of a well-known commodity, resulting in confusion with other people's well-known commodities, and making the buyer mistake it for the well-known commodity. The State Administration for Industry and Commerce stipulates in Several Provisions on Prohibiting Unfair Competition in the Unique Names, Packaging and Decoration of Well-known Commodities that "well-known commodities" refer to commodities that have a certain popularity in the market and are well known to the relevant public. "Unique" means that the product name, packaging and decoration are not shared by related products, and they have obvious distinguishing features. Where a well-known commodity applies for a design patent for its packaging and decoration, the act may infringe on its design patent.
(three) unauthorized use of another person's enterprise name or font size, so that people mistakenly believe that it is another person's goods. This kind of behavior belongs to the infringement of others' name right or name right.
(4) Forging or fraudulently using quality marks such as certification marks and brand-name marks on commodities, forging the place of origin, and making misleading false representations about the quality of commodities. This behavior has two manifestations:
(a) the illegal use of quality marks. The quality mark is a sign that the product quality is in good condition, and it is a proof that the statutory body confirms that the product meets the specific requirements after review and verification. Using quality marks on commodities can improve the competitive advantage of operators and increase the trust of consumers. The illegal use of quality marks directly violates the national quality management system.
② Forge the place of origin. The country of origin refers to the main place of production of goods. The quality of some commodities depends on the natural conditions, technical level, traditional culture and other factors in a specific area, such as Yunnan Baiyao, Longjing tea, Swiss army knife and so on. Commodity operators in these specific areas have inherent market advantages over similar commodity operators in other areas. If the operator falsifies the place of origin, it will inevitably weaken this advantage. And both of the above behaviors will mislead consumers at the same time.