the term unfair competition as mentioned in these measures refers to the behavior of operators who violate the Law of the People's Republic of China on Anti-Unfair Competition and the provisions of these measures, damage the legitimate rights and interests of other operators and disrupt the social and economic order. Article 4 The administrative department for industry and commerce of the people's government at or above the county level is the competent authority for the supervision and inspection of acts of unfair competition. Where laws and administrative regulations provide for supervision and inspection by other departments, such provisions shall prevail.
the relevant law enforcement organs should support, cooperate and ensure that the supervision and inspection organs perform their duties according to law. Article 5 Any organization or individual has the right to report acts of unfair competition to the supervision and inspection organs. If the whistleblower retaliates against the whistleblower, he shall be dealt with severely according to law.
the supervision and inspection organs shall keep confidential the informants and reward those who report meritorious service, and the reward measures shall be formulated separately by the provincial people's government. Article 6 State organs and their staff members shall not support, shield or participate in acts of unfair competition. Offenders shall be dealt with according to the relevant provisions of the state. Article 7 An operator shall not engage in the following acts of infringing on the exclusive right to use a registered trademark or counterfeiting a registered trademark:
(1) Using a trademark identical with or similar to its registered trademark on the same commodity or similar commodities without the permission of the registered trademark owner;
(2) On the same or similar goods, using words or graphics identical or similar to others' registered trademarks as commodity names or commodity decorations, which is enough to cause misunderstanding;
(3) selling goods that you know or should know are counterfeit registered trademarks or infringe upon the exclusive right to use registered trademarks;
(4) Forging or manufacturing others' registered trademark marks without authorization or selling forged or manufactured registered trademark marks without authorization;
(5) Deliberately providing storage, transportation, mailing, concealment and other convenient conditions for counterfeiting registered trademarks. Article 8 Operators shall not use the unique name, packaging and decoration of well-known commodities without authorization, or use names, packaging and decoration similar to those of well-known commodities, thus causing confusion with other people's well-known commodities and making buyers mistake them for the well-known commodities. Article 9 Operators shall not, without authorization, use other people's enterprise names and words, graphics, codes and signs representing their names in production and operation, so as to entice people to mistake them for other people's goods.
if an operator leases counters, venues and facilities of others for commodity business, it shall hang its business license in a conspicuous position and shall not pretend to be a lessor for business activities. Article 1 In production and sales, business operators shall not use the following means to make misleading false representations about the quality of commodities:
(1) Forge or fraudulently use quality marks such as certification marks and famous brand marks, and use cancelled quality marks;
(2) forging or fraudulently using patent marks and using invalid patent numbers;
(3) forging or fraudulently using the quality inspection certificate, license number, production permit number or producer;
(4) the place of production, manufacturing and processing of forged or fraudulent commodities;
(5) misrepresenting the performance, use, specification, grade, quantity, ingredients and content of the goods;
(6) Forging the production date, safe use period and expiration date of commodities, or vaguely marking the dates;
(7) The contents that should be marked on the commodities and their packages are not marked as required. Article 11 Business operators shall not use advertisements or other methods to make misleading false propaganda about the price, quality, performance, use, ingredients, producers, expiration date, place of origin, after-sales service and the variety and quantity of gifts attached to the promoted goods.
other methods mentioned in the preceding paragraph include the following acts:
(1) employing or colluding with others to conduct deceptive sales inducement;
(2) false demonstrations and explanations on the spot;
(3) posting, distributing or mailing false product manuals and other publicity materials;
(4) making false textual labels, descriptions or explanations on commodities in business premises;
(5) making false publicity reports through mass media.
advertising operators and publishers shall not act as agents, design, produce or publish false advertisements.
the mass media and their workers are not allowed to make false reports on business operators or commodities. Article 12 A public enterprise or any other business operator that has an exclusive position according to law shall not take the following actions to restrict competition:
(1) Restrict consumers from buying and using the goods provided by them or the business operators designated by them, and exclude similar goods from other business operators that meet the technical standards;
(2) forcing consumers to buy goods or accessories provided by them or by business operators designated by them, or forcibly providing paid services to consumers;
(3) refusing, interrupting, delaying or cutting down the provision of necessary commodities or overcharging consumers for the above-mentioned behaviors.