Organizations and individuals other than operators engaged in activities related to market competition must also abide by these regulations. If a third party knows or should know the illegal acts listed in this article, and obtains, uses or discloses other people's business secrets, it shall be regarded as infringement of business secrets.
The term "trade secrets" as mentioned in this article refers to technical and commercial information that is not known to the public, can bring economic benefits to the obligee, is practical, and is kept confidential by the obligee. Article 4 People's governments at all levels shall take measures to encourage market competition and create a good environment and conditions for fair competition; Encourage, support and protect all organizations and individuals to conduct social supervision over acts of unfair competition.
No unit or individual may support or cover up acts of unfair competition. Article 5 All trade organizations shall formulate trade rules, safeguard fair competition and assist the supervision and inspection departments in investigating and dealing with acts of unfair competition according to law. Chapter II Acts of Unfair Competition Article 6 An operator shall not impersonate another person's 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 registered trademark owner;
(2) selling goods that you know or should know are counterfeit registered trademarks of others;
(3) Forging or manufacturing a registered trademark of another person without authorization or selling a registered trademark forged or manufactured without authorization. Article 7 A business operator shall not, without authorization, use the unique name, packaging and decoration of a well-known commodity, or use the name, packaging and decoration similar to that of a well-known commodity, so as to manufacture a commodity that buyers mistakenly think is the well-known commodity.
Operators shall not sell goods manufactured in violation of the provisions of the preceding paragraph.
The specific measures for the identification of well-known commodities in the first paragraph of this article shall be formulated by the provincial administrative department for industry and commerce jointly with relevant departments. Article 8 Business operators shall not make false or misleading representations about the quality of commodities by forgery or fraud:
(a) forgery or fraudulent use of certification marks, brand-name marks and other quality marks;
(two) continue to use the revoked certification mark or famous mark;
(3) The certification mark or brand-name mark used is inconsistent with the certification mark or brand-name mark actually obtained;
(four) forgery or fraudulent use of quality inspection certificate, license number or manufacturer's name;
(5) Forging or falsely using another person's name and place of origin;
(6) Forging the specifications, grades, ingredients, names and contents of commodities;
(7) Forging the production date, safe use date or expiration date. Article 9 Public enterprises or other operators with exclusive status according to law shall not take the following actions to restrict competition:
(1) Restrict users and consumers to purchase and use only commodities provided by them or produced and distributed by operators designated by them; Restrict users and consumers from buying or using similar goods that other operators meet the national or industrial standards;
(two) forcing users and consumers to buy unnecessary goods and accessories provided by them;
(three) to prevent users and consumers from buying or using goods that other operators think meet the national standards or industry standards under the pretext of testing the quality and performance of goods;
(4) Refusing, interrupting or reducing the supply of relevant commodities, or charging more fees to users and consumers who resist their acts of restricting competition;
(5) Other acts that restrict competition. Article 10 People's governments at all levels and their subordinate departments shall not abuse their administrative power to restrict the scope, methods, objects and quantity of goods sold by operators, or restrict others from buying the goods of operators designated by them, or restrict the legitimate business activities of other operators.
People's governments at all levels and their subordinate departments shall not abuse their administrative power to restrict foreign goods from entering the local market or local goods from flowing to the foreign market by setting up checkpoints, raising inspection standards and increasing examination and approval procedures.
Under any of the following circumstances, it does not fall within the scope prohibited by this article:
(a) according to laws, administrative regulations and national policies, restrict the purchase and sale channels and methods of some commodities that are important to the national economy and people's livelihood;
(two) in order to prevent the spread of pests and diseases, temporarily restrict the circulation of specific commodities between regions;
(three) to protect the personal and property safety of consumers and restrict business. Eleventh designated operators shall not take the opportunity to sell high-quality and high-priced goods or charge more. Article 12 Business operators shall not bribe others to sell or buy commodities by property or other means. Whoever gives kickbacks to the other unit or individual outside the account shall be punished as bribery; Other units or individuals who receive kickbacks outside the account shall be punished as accepting bribes.
When selling or buying goods, business operators can give discounts to the other party and commissions to intermediaries in an express way, but they must truthfully account for them. Operators who accept discounts must also truthfully account for the discounts they accept and the intermediaries who accept commissions.