Chapter II Acts of Unfair Competition

Sixth unauthorized use of the same or similar signs as the commodity name, packaging, decoration and so on. Have a certain influence on others.

Extended data

According to Article 5 of the Anti-Unfair Competition Law, the following acts are confusing:

1, counterfeiting the registered trademark of others. Registered trademark right is one of the important rights of intellectual property. The Trademark Law has made special provisions on the content, exercise mode and protection scope of registered trademark rights. The Anti-Unfair Competition Law prohibits counterfeiting another person's registered trademark as an act of unfair competition, and its legislative intention is to weave a stricter legal network, so that this kind of behavior is double-guarded and sanctioned by the Trademark Law and the Anti-Unfair Competition Law.

Therefore, in terms of legal liability, the Anti-Unfair Competition Law stipulates that this kind of behavior should be punished according to the Trademark Law. If the Trademark Law cannot be applied, and the actor does cause damage to the registered trademark of others, he may be investigated for legal responsibility according to the Anti-Unfair Competition Law.

2. Confuse with well-known commodities. According to Article 6 of the Anti-Unfair Competition Law, unauthorized use of the unique name, packaging and decoration of a well-known commodity, or the use of a name, packaging and decoration similar to a well-known commodity, which causes confusion with other well-known commodities and makes buyers mistake it for the well-known commodity, constitutes unfair competition.

1On July 6, 1995, the State Administration for Industry and Commerce issued "Several Provisions on Prohibiting Unfair Competition in Unique Names, Packaging and Decoration of Well-known Commodities", which made comprehensive and detailed provisions on the protection of well-known commodities.

The so-called "well-known commodities" refer to commodities that have a certain popularity in the market and are known to the relevant public. The so-called unique names of well-known commodities refer to the commodity names that are unique to well-known commodities and are significantly different from common names.

Laws and administrative regulations protect the unique names, packages and decorations of well-known commodities because the unique names, packages and decorations of commodities are the fruits of the creative work of the obligee. In the process of use, the obligee invested a certain amount of human and financial resources to publicize it, making it become a well-known commodity from ordinary commodities.

Others make, use and sell the unique names, packages and decorations of well-known commodities without authorization, with the purpose of using their good commodity reputation and certain popularity to publicize their own commodities or seek other illegal interests, and their improper attributes are obvious. The ownership of the unique name, packaging and decoration of well-known commodities shall be determined in accordance with the principle of first use when there are many rights holders.

3, unauthorized use of other people's trade names or names, people mistakenly think that it is someone else's goods. The name of an enterprise and the name of a natural person are the most prominent and basic identification symbols of its owner. Enterprise name right and name right are important components of personality right protected by law.

In marketing activities, the names of enterprises and producers and operators are important signs to distinguish the sources of commodity producers, operators or service providers, and can reflect the commodity reputation and business reputation of enterprises or producers and operators. If others want to use it (for whatever purpose), they must obtain the written consent of the legal owner.

Unauthorized use not only infringes on the legitimate prior rights of others, but also deceives consumers and undermines the rules of market competition. Therefore, the anti-unfair competition law expressly prohibits it.

4, forgery, fraudulent use of various quality marks and origin. According to the provisions of relevant laws and administrative regulations, China's quality marks mainly include product quality certification marks and brand-name marks.

The product quality certification mark refers to the mark issued by the enterprise through application and recognized by international and domestic certification bodies, indicating that the product quality meets the certification standards. The use of certification marks can improve the competitiveness of goods and enhance the trust of users.

Forgery and fraudulent use of unauthenticated certification marks not only trample on the national commodity quality certification system, but also make commodities with hidden dangers of accidents flow into the market, endangering the lives or property safety of users and consumers. The Anti-Unfair Competition Law prohibits such serious violations.

The famous brand logo is a quality symbol of honor. There are three kinds of famous and excellent marks given to products by the state: gold medal honor mark, silver medal honor mark and "excellent" mark. Only in accordance with legal procedures and approved by specialized agencies can they be obtained and used. Forging and fraudulently using famous and famous marks violates the business ethics of honesty and credit, which is a complete deception, so it is prohibited by the Anti-Unfair Competition Law.

The name of origin is a descriptive symbol indicating that the product originated in a certain country or region. When the quality and characteristics of a product have a fixed relationship with its place of origin, the name of the place of origin reflects not only the external relationship between the product and its place of origin, but also the internal relationship between the product quality and the place of origin.

At this time, the name of origin is not only symbolic to product quality, but also has distinguishing function, so it is protected by laws and international conventions or treaties, such as the provisions on the name of origin in the Paris Convention for the Protection of Industrial Property and the provisions on geographical indications in the Agreement on Trade-related Intellectual Property Rights.

Item 4 of Article 5 of the Anti-Unfair Competition Law prohibits the word "country of origin" in "counterfeiting country of origin", and its extension is obviously larger than "country of origin name" and closer to "geographical indication". In practice, if the forgery of origin cannot be effectively stopped according to the product quality law and the industrial property law, it should be punished according to the anti-unfair competition law.

Reference source Baidu Encyclopedia-unfair competition behavior