1. Fraudulent transaction methods: including four types.
(1) Counterfeiting the registered trademark of others. Without the consent of the registered trademark owner, unauthorized use of another person's registered trademark is both trademark infringement and unfair competition;
(two) unauthorized use of the name, packaging and decoration of a well-known commodity, or the use of a name, packaging and decoration similar to a well-known commodity, so that buyers mistakenly believe that it is a well-known commodity;
(three) unauthorized use of other people's company name, so that people mistakenly believe that it is another person's goods;
(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.
2. Commercial bribery
Commercial bribery refers to the behavior that operators use bribery to gain competitive advantage in order to promote or buy goods. The difference between it and legal "kickback", "discount" and "commission" is that the property or other benefits given by bribery are not reflected in the formal accounts of the counterparty;
3. False advertising
It refers to the misleading false propaganda of the quality, composition, performance, use, manufacturer, expiration date and place of origin of the products by the operators through advertisements or other methods, so as to make the public know;
4. Infringement of trade secrets
Trade secrets refer to technical and commercial information that is unknown to the public, can bring economic benefits to the obligee, is practical, and is kept confidential by the obligee. Violations of trade secrets include:
(1) Obtaining the business secrets of the obligee by improper means such as theft, inducement or coercion;
(2) disclosing, using or allowing others to use the business secrets of the obligee obtained by means of the preceding paragraph;
(3) disclosing, using or allowing others to use the business secrets in their possession in violation of the agreement or the requirements of the obligee to keep the business secrets. If a third person knows or should know about the illegal behavior in the front row and obtains, uses or discloses other people's trade secrets, it shall be regarded as infringement of trade secrets.
5. Predatory pricing
Predatory pricing refers to the behavior of operators selling goods at a price lower than the cost for the purpose of crushing their opponents. The unfair competition behavior that constitutes predatory pricing needs to crush opponents and sell goods at a price lower than the cost. However, the sale of fresh goods, the disposal of goods whose validity period is about to expire or other overstocked goods, seasonal price reduction, and the sale of goods at reduced prices due to debt repayment, production change, closure and other reasons are not predatory pricing;
6. Deceptive prize sales and grand prize sales
Operators sell goods by falsely claiming prizes or letting insiders win prizes, and promote high-quality and low-priced products by winning prizes, all of which constitute unfair competition behaviors of deceptive prize-winning sales. Grand prize sales refers to the sales with the highest prize exceeding 5,000 yuan. Grand prize sales tend to encourage blind consumption, which is a threat to small and medium-sized enterprises and virtually destroys the order of fair competition, so it belongs to unfair competition;
7. Defame the business reputation of competitors.
Business reputation is a comprehensive evaluation made by the society on the business activities of operators. This evaluation reflects the business image of the operator and forms a specific reputation with the property content belonging to the operator. By fabricating facts and spreading false news, the actor who denigrates the business reputation of competitors must be the operator. Business operators who violate the above provisions and cause damage to the infringed shall be liable for damages.
Legal basis:
Article 6 of People's Republic of China (PRC) Anti-Unfair Competition Law
Business operators shall not commit the following confusing acts, which make people mistakenly think that they are other people's goods or have specific connections with others:
(a) unauthorized use of the same or similar signs such as commodity names, packaging and decoration that have certain influence on others;
(2) 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;
(three) unauthorized use of domain names, website names, web pages and other major parts. , have a certain influence on others;
(four) other confusing acts that can make people mistakenly think that they are other people's goods or have specific connections with others.