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Guizhou Province Anti-Unfair Competition Regulations (2012 revision)

Chapter 1 General Provisions Article 1 In order to ensure the healthy development of the socialist market economy, maintain the order of the 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 provisions of the Anti-Unfair Competition Law of the People's Republic of China and the State (hereinafter referred to as the Anti-Unfair Competition Law) and relevant laws and regulations, and in combination with the actual conditions of this province. Article 2 All operators engaged in the production and sale of commodities or profit-making services (hereinafter referred to as commodities including services) within the administrative region of this province must abide by these regulations.

Operators as mentioned in these Regulations refer to legal persons, other economic organizations and individuals engaged in the production and sale of commodities or profit-making services. Article 3 Operators shall abide by the principles of voluntariness, equality, fairness, honesty and credit in market transactions, and abide by generally recognized business ethics.

Unfair competition as mentioned in these Regulations refers to the behavior of operators that violates the Anti-Unfair Competition Law and the provisions of these Regulations, harms the legitimate rights and interests of other operators and consumers, and disrupts the social and economic order. . Article 4 People's governments at all levels should strengthen market management, take measures to stop unfair competition, and create a good environment and conditions for fair competition. Article 5: Encourage, support and protect all organizations and individuals to conduct social supervision of unfair competition. Any organization or individual has the right to report unfair competition behavior to the supervision and inspection department.

Supervision and inspection departments shall reward meritorious personnel who report, expose truthfully and assist in the investigation and handling of unfair competition in accordance with relevant regulations and keep them confidential. Specific reward measures will be formulated separately by the provincial supervision and inspection department in conjunction with the financial department.

Staff of state agencies shall not support, cover up or condone unfair competition. Chapter 2 Prohibition of Unfair Competition Article 6 Operators shall not take the following actions of counterfeiting other people’s registered trademarks:

(1) Using the same kind of goods or similar goods without the permission of the owner of the registered trademark Trademarks that are identical or similar to their registered trademarks;

(2) Selling goods that are known or should be known to be counterfeit registered trademarks of others;

(3) Counterfeiting or unauthorized production of trademarks registered by others Or sell counterfeit or unauthorized registered trademark signs;

(4) Other acts of counterfeiting registered trademarks. Article 7 Operators shall not use the following means on goods or packaging to make misleading and false representations:

(1) Forging or fraudulently using quality marks such as certification marks, famous and quality marks, or using canceled Quality mark;

(2) Counterfeiting or counterfeiting quality inspection certificate, license number, production permit number or supervision unit;

(3) Counterfeiting or counterfeiting goods Place of origin;

(4) Falsely stating the performance, purpose, specification, grade, ingredients and content of the product;

(5) Forging the production date, safe use period, expiry date or Mark dates vaguely. Article 8 Public utility enterprises or other operators with an exclusive position according to law shall not take the following actions to restrict competition:

(1) Restrict users and consumers to only purchase and use the products incidentally provided by them or designated by them Relevant commodities provided by operators;

(2) Forcing users and consumers to purchase commodities and accessories provided by them or their designated operators;

(3) Obstruction Users and consumers purchase and use goods provided by other operators that meet technical standards;

(4) Refuse, interrupt, or reduce the supply of relevant goods to users or consumers who do not accept their unreasonable conditions , services or excessive charging;

(5) Other behaviors that restrict competition. Article 9 Operators shall not use advertisements or other methods to make misleading and false propaganda about their business reputation or the quality, ingredients, performance, uses, producers, expiration dates, origins, prices, pre-sales and after-sales services of their goods, etc. .

The other methods mentioned in the preceding paragraph refer to the following behaviors:

(1) Conducting deceptive sales inducements;

(2) Conducting activities that lead to misunderstanding False on-site demonstrations and explanations;

(3) Posting, distributing, and mailing misleading false product instructions and other promotional materials;

(4) In the business premises Making misleading and false text labels, descriptions or explanations on products;

(5) Using mass media to make false propaganda reports.

Advertising operators and publishers shall be responsible for the authenticity of advertisements and shall not act as agents, design, produce or publish false advertisements without knowing or should know. Article 10 Operators shall not use the following means to infringe on the business secrets of others: (1) Obtain the business secrets of the obligee through theft, inducement, coercion or other unfair means;

( 2) Disclose, use or allow others to use the right holder’s business secrets obtained by means of the previous paragraph;

(3) Units and individuals that have business relationships with the right holder violate the contract or violate the right holder’s confidentiality of business secrets

(4) Employees of the obligee violate the contract or violate the obligee’s requirement to keep business secrets, disclose, use or allow others to use it;

The commercial secrets of the obligee in his possession;

(5) For the purpose of obtaining, using, and disclosing the commercial secrets of the obligee, employing personnel who possess the commercial secrets of the obligee with high salary or other favorable conditions.

If a third party knows or should know that another person has committed the illegal acts listed in the preceding paragraph, and obtains, uses or discloses another person's business secrets, it shall be regarded as infringement of business secrets.

The trade secrets mentioned in this article refer to technical information and business information that are not known to the public, can bring economic benefits to the right holder, are practical, and the right holder has taken confidentiality measures.