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Anhui Province Anti-Unfair Competition Regulations

Chapter 1 General Provisions Article 1 In order to ensure the healthy development of the socialist market economy, encourage and protect fair competition, prevent unfair competition, and protect the legitimate rights and interests of operators and consumers, in accordance with the "People's Republic of China * and the National Anti-Unfair Competition Law" and other relevant laws and regulations, and combined with the actual conditions of this province, these regulations are formulated. Article 2: All operators engaged in commodity business or profit-making services (hereinafter referred to as commodities include services) within the administrative region of this province must comply with these regulations. 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. Article 4 The industrial and commercial administrative departments of the people's governments at or above the county level are responsible for the supervision and inspection of unfair competition; if laws and administrative regulations provide for supervision and inspection by other departments, such provisions shall prevail. Article 5: People's governments at all levels 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 to the supervision and inspection department. Supervision and inspection departments shall keep confidential those who report and assist in the investigation and handling of unfair competition, and reward them in accordance with relevant regulations.

Staff of state agencies shall not participate in, support, or cover up unfair competition. Chapter 2 Unfair Competition Act Article 6 Operators shall not use the following means to counterfeit the registered trademark of others: (1) Use the same or similar goods on the same or similar goods without the permission of the owner of the registered trademark. Trademarks that are identical or similar to registered trademarks;

(2) Counterfeiting or making without authorization the registered trademark signs of others or selling counterfeit or making without authorization registered trademark signs of others.

(3) Selling goods that are knowingly counterfeiting other people’s registered trademarks; Article 7 Operators shall not use the unique names, packaging, and decoration of well-known goods without authorization, or use names, packaging, and decoration that are similar to well-known goods. , causing confusion with other people's well-known products, causing consumers to mistake them for the well-known products.

The well-known commodities mentioned in the preceding paragraph refer to:

(1) Goods with well-known trademarks or well-known trademarks recognized by the state authorized agency;

(2) Products that have a certain reputation in the market and are known to relevant consumers. Article 8 Operators shall not use other people’s business names, names, trade names, or logos, graphics, text, and codes representing their names or names without authorization to cause people to mistakenly think that they are other people’s goods. Article 9 Operators shall not use the following means to make misleading and false representations about product quality:

(1) Forge, impersonate or use canceled certification marks or famous and quality marks and other quality marks;

(2) Forging, impersonating or using canceled quality inspection certificates, licenses, patent numbers or names of supervisory units;

(3) Forging or impersonating enterprises Name, address, forged or falsely used place of origin;

(4) False representation of product specifications, grade, ingredients, name and content;

(5) Forged or ambiguous labeling Production date, safe use period or expiry date, etc.

The “place of origin of commodities” as mentioned in the preceding paragraph refers to the place where commodities are produced, manufactured, and processed (including the place where agricultural and sideline products are grown or raised). Article 10 Operators shall not use the following means to make false claims about the price, quality, performance, purpose, manufacturer, ingredients, validity period, place of origin, after-sales service, as well as the variety and quantity of gifts accompanying the promotion of goods or provision of services. Publicity:

(1) Advertising;

(2) Employing or collaborating with others to conduct deceptive sales inducements;

(3) False on-site demonstrations and instructions;

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

(5) Using the news media to make false propaganda reports.

Advertising operators shall be responsible for the authenticity of advertisements and shall not act as agents, design, produce or publish false advertisements without knowing or should have known. Article 11 Operators shall not fabricate or spread false facts to damage the business reputation and product reputation of competitors.

Operators shall not use advertisements to disparage the products of other operators. Article 12 Operators shall not sell goods at a price lower than cost for the purpose of squeezing out competitors.

Any of the following circumstances does not constitute unfair competition as stipulated in the preceding paragraph:

(1) Selling fresh goods;

(2) Dealing with goods that are about to expire or other backlogged goods;

(3) Seasonal price reductions;

(4) Selling goods at reduced prices due to debt repayments, production changes, or closure of business. Article 13: Operators selling goods shall not tie the sale of goods against the wishes of consumers or attach other unreasonable conditions. Article 14 Operators shall not engage in the following forced trading behaviors:

(1) Coercing others to conduct transactions with themselves or others;

(2) Coercing competitors to avoid or give up Compete with yourself or others;

(3) hinder the establishment of normal transactions between others;

(4) disrupt or hinder the normal business activities of competitors. Article 15 Operators shall not engage in the following sales with prizes:

(1) Falsely claiming to have prizes or making false claims about the types of prizes, winning probability, prize amount, prize winning method, prize drawing date, etc. Publicity;

(2) Deliberately letting the designated personnel win the prize;

(3) Deliberately not putting the goods and lottery tickets with the winning logo on the market or not putting them on the market at the same time as the goods and lottery tickets. , or deliberately put products and lottery tickets with different prize amounts or prize logos on the market at different times;

(4) For lottery-style sales with prizes, the maximum prize amount shall not exceed 5,000 yuan. If items or other means are used as rewards, the amount shall not exceed 5,000 yuan, calculated according to the market price of the same goods during the same period.

(5) Other deceptive sales with prizes.

Operators are not allowed to use prize sales methods to promote low-quality and high-priced goods.