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Anti-Unfair Competition Law of the People's Republic of China

(1993年9月2日第八届全国人民代表大会常务委员会第三次会议通过 2017年11月4日第十二届全国人民代表大会常务委员会第三十次会议修订 根据2019年4月23日第十三届全国人民代表大会常务委员会第十次会议《关于修改〈中华人民共和国建筑法〉等八部法律的决定》修正)

    table of Contents

 

    Chapter XNUMX General

    Chapter II Acts of Unfair Competition

    Chapter III Investigation of Suspected Acts of Unfair Competition

    Chapter IV Legal Liability

    Chapter V Supplementary Provisions

    Chapter XNUMX General

    Article XNUMX This Law is formulated in order to promote the healthy development of the socialist market economy, encourage and protect fair competition, stop unfair competition, and protect the legitimate rights and interests of operators and consumers.

Second Operators shall follow the principles of voluntariness, equality, fairness and integrity in production and business activities, and abide by laws and business ethics.

The term "unfair competition" as mentioned in this Law refers to the conduct of business operators in violation of the provisions of this Law, disrupting the order of market competition, and damaging the lawful rights and interests of other business operators or consumers in their production and business activities.

Operators as mentioned in this Law refer to natural persons, legal persons and unincorporated organizations engaged in the production, operation of commodities or the provision of services (hereinafter referred to as commodities including services).

Article 3 People's governments at all levels shall take measures to stop unfair competition and create favorable environment and conditions for fair competition.

The State Council has established an anti-unfair competition work coordination mechanism, studied and decided on major anti-unfair competition policies, and coordinated and dealt with major issues of maintaining market competition order.

Article 4 The departments of the people's governments at or above the county level that perform the duties of industry and commerce administration shall investigate and punish acts of unfair competition; if laws and administrative regulations stipulate that other departments shall investigate and punish, such regulations shall be followed.

The fifth The state encourages, supports and protects all organizations and individuals to conduct social supervision over unfair competition.

State organs and their staff must not support or cover up acts of unfair competition.

Industry organizations should strengthen industry self-discipline, guide and regulate members to compete in accordance with the law, and maintain market competition order.

    Chapter II Acts of Unfair Competition

    Article XNUMX Operators shall not carry out the following confusing behaviors, leading people to mistakenly believe that they are goods of others or have a specific connection with others:

(XNUMX) Unauthorized use of the same or similar logos as the names, packages, decorations, etc. of commodities that have certain influences on others;

(XNUMX) Unauthorized use of company names (including abbreviations, trade names, etc.), social organization names (including abbreviations, etc.), names (including pseudonyms, stage names, translated names, etc.) of others that have certain influence;

(XNUMX) Unauthorized use of the main part of the domain name, website name, webpage, etc. that others have certain influence;

(XNUMX) Other confusing behaviors that are enough to lead people to be mistaken as commodities of others or have a specific connection with others.

Article XNUMX Operators shall not use property or other means to bribe the following units or individuals in order to seek trading opportunities or competitive advantages:

(XNUMX) The staff of the counterparty to the transaction;

(XNUMX) The entity or individual entrusted by the counterparty to handle relevant affairs;

(XNUMX) Units or individuals that use their power or influence to influence transactions.

In the transaction activities, the operator may pay a discount to the counterparty of the transaction in an express way, or pay a commission to the intermediary.If an operator pays a discount to the counterparty of the transaction and pays a commission to the intermediary, it shall be recorded in the account truthfully.Operators who accept discounts and commissions should also truthfully record them.

Where a staff member of a business operator bribes, it shall be deemed as the business operator's behavior; however, unless the business operator has evidence to prove that the staff member's behavior has nothing to do with seeking trading opportunities or competitive advantages for the business operator.

eighth Operators shall not make false or misleading commercial propaganda on the performance, function, quality, sales status, user evaluation, honors, etc. of their products to deceive or mislead consumers.

Business operators shall not help other business operators conduct false or misleading commercial propaganda by organizing false transactions or other methods.

Article XNUMX Operators shall not commit the following acts of infringing trade secrets:

(XNUMX) Obtaining the business secrets of the right holder by theft, bribery, fraud, coercion, electronic intrusion or other improper means;

(XNUMX) Disclosing, using or allowing others to use the business secrets of the right holder obtained by the means in the preceding paragraph;

(XNUMX) Disclosing, using or allowing others to use the trade secrets in their possession in violation of confidentiality obligations or the rights holder's requirements for keeping business secrets;

(XNUMX) Instigate, induce or help others to violate the confidentiality obligations or violate the rights holder's requirements for keeping business secrets, and obtain, disclose, use or allow others to use the rights holder's business secrets.

Any natural person, legal person or unincorporated organization other than the operator who commits the illegal acts listed in the preceding paragraph shall be deemed to infringe on business secrets.

If a third party knows or should know that an employee, former employee or other unit or individual of the owner of the trade secret has committed the illegal acts listed in the first paragraph of this article, but still obtains, discloses, uses or allows others to use the trade secret, it shall be deemed as a commercial infringement. secret.

The term “trade secrets” as mentioned in this Law refers to technical information, business information and other commercial information that are not known to the public, have commercial value, and have been kept secret by the obligee.

Article XNUMX The following circumstances shall not exist when an operator conducts sales with prizes:

(XNUMX) The types of prizes set, conditions for redemption, amount of prizes or prize-winning sales information such as prizes are not clear, which affects the redemption of prizes;

(XNUMX) Selling with prizes by falsely claiming to have prizes or by deliberately letting unspecified personnel win prizes;

(XNUMX) In the lottery-style sales with prizes, the maximum prize amount exceeds XNUMX yuan.

Article XNUMX Operators shall not fabricate or spread false information or misleading information to damage competitors' business reputation and product reputation.

Article XNUMX Operators who use the Internet to engage in production and business activities shall abide by the provisions of this Law.

Operators are not allowed to use technical means, by influencing user choices or by other means, to implement the following behaviors that hinder or disrupt the normal operation of network products or services legally provided by other operators:

(XNUMX) Without the consent of other operators, insert links in the network products or services legally provided by them, and force target redirects;

(XNUMX) Misleading, deceiving, or forcing users to modify, close, or uninstall network products or services legally provided by other operators;

(XNUMX) Malicious implementation of incompatibility with network products or services legally provided by other operators;

(XNUMX) Other acts that hinder or disrupt the normal operation of network products or services legally provided by other operators.

    Chapter III Investigation of Suspected Acts of Unfair Competition

    Article XNUMX The supervision and inspection department may take the following measures when investigating suspected acts of unfair competition:

(XNUMX) Entering the business premises suspected of unfair competition for inspection;

(XNUMX) Inquire about the business operators, interested parties and other relevant units and individuals under investigation, and ask them to explain the relevant situation or provide other materials related to the behavior under investigation;

(XNUMX) Inquiring and duplicating agreements, account books, documents, documents, records, business correspondence and other materials related to the suspected unfair competition;

(XNUMX) Sealing up or detaining property related to the suspected unfair competition;

(XNUMX) Inquire about the bank account of the operator suspected of unfair competition.

To take the measures prescribed in the preceding paragraph, a written report shall be submitted to the principal person in charge of the supervision and inspection department, and approval shall be obtained.When the measures specified in Item XNUMX and Item XNUMX of the preceding paragraph are taken, a written report shall be submitted to the principal person in charge of the supervision and inspection department of the people's government at or above the districted city level, and approval shall be obtained.

When investigating suspected acts of unfair competition, the supervision and inspection department shall abide by the "Administrative Compulsory Law of the People's Republic of China" and other relevant laws and administrative regulations, and shall disclose the results of the investigation and punishment to the public in a timely manner.

Article XNUMX When the supervision and inspection department investigates suspected acts of unfair competition, the operators, interested parties and other relevant entities and individuals under investigation shall truthfully provide relevant materials or information.

Article XNUMX The supervision and inspection department and its staff are obliged to keep confidential the business secrets learned during the investigation.

Article XNUMX For suspected acts of unfair competition, any unit or individual has the right to report to the supervision and inspection department, and the supervision and inspection department shall deal with it in a timely manner according to law after receiving the report.

The supervision and inspection department shall disclose to the public the telephone number, mailbox or e-mail address for accepting the report, and keep the whistleblower confidential.Where a real-name report is made and relevant facts and evidence are provided, the supervision and inspection department shall inform the whistleblower of the handling result.

    Chapter IV Legal Liability

    Article XNUMX Operators who violate the provisions of this Law and cause damage to others shall bear civil liability in accordance with the law.

If the legitimate rights and interests of the business operators are damaged by the acts of unfair competition, they may file a lawsuit in the people's court.

The amount of compensation for a business operator damaged by unfair competition shall be determined according to the actual loss suffered by the operator due to the infringement; if the actual loss is difficult to calculate, it shall be determined according to the profit obtained by the infringer due to the infringement.If a business operator maliciously commits an act of infringing business secrets, and the circumstances are serious, the amount of compensation may be determined at more than one time but not more than five times the amount determined according to the above method.The amount of compensation shall also include the reasonable expenses paid by the operator to stop the infringement.

If the operator violates the provisions of Articles XNUMX and XNUMX of this Law, and it is difficult to determine the actual losses suffered by the right holder due to the infringement and the benefits obtained by the infringer due to the infringement, the people's court shall make a judgment on the right holder based on the circumstances of the infringement. Compensation of less than one million yuan.

Article XNUMX If a business operator violates the provisions of Article XNUMX of this law to carry out confusing behavior, the supervision and inspection department shall order it to stop the illegal behavior and confiscate the illegal commodities.If the illegal business volume is more than XNUMX yuan, a fine of not more than five times the illegal business volume may be imposed concurrently; if there is no illegal business volume or the illegal business volume is less than XNUMX yuan, a fine of less than XNUMX yuan may be imposed concurrently.If the circumstances are serious, the business license will be revoked.

If the enterprise name registered by the operator violates the provisions of Article XNUMX of this Law, it shall go through the registration of name change in a timely manner; before the name is changed, the original enterprise registration authority shall replace its name with a unified social credit code.

Article XNUMX If an operator violates the provisions of Article XNUMX of this Law and bribes others, the supervision and inspection department shall confiscate the illegal income and impose a fine of not less than XNUMX yuan but not more than XNUMX million yuan.If the circumstances are serious, the business license will be revoked.

Article XNUMX If a business operator violates the provisions of Article XNUMX of this Law by making false or misleading commercial propaganda for its products, or helping other business operators to carry out false or misleading commercial propaganda by organizing false transactions, the supervision and inspection department shall order it to stop Violations shall be imposed with a fine of not less than XNUMX yuan but not more than XNUMX million yuan; if the circumstances are serious, a fine of not less than XNUMX million yuan but not more than XNUMX million yuan shall be imposed, and the business license may be revoked.

Business operators who violate Article XNUMX of this law and are publishing false advertisements shall be punished in accordance with the provisions of the "Advertising Law of the People's Republic of China".

Article XNUMX Where business operators and other natural persons, legal persons and unincorporated organizations violate the provisions of Article XNUMX of this Law and infringe on business secrets, the supervision and inspection department shall order them to stop the illegal acts, confiscate their illegal gains, and impose a fine of not less than XNUMX yuan but not more than XNUMX yuan; In serious cases, a fine of not less than XNUMX yuan but not more than XNUMX yuan shall be imposed.

Article XNUMX If a business operator violates the provisions of Article XNUMX of this law to sell with prizes, the supervision and inspection department shall order it to stop the illegal act and impose a fine of not less than XNUMX yuan but not more than XNUMX yuan.

Article XNUMX If a business operator violates the provisions of Article XNUMX of this Law and damages the commercial reputation and commodity reputation of competitors, the supervision and inspection department shall order it to stop the illegal act, eliminate the impact, and impose a fine of not less than XNUMX yuan but not more than XNUMX yuan; if the circumstances are serious, a fine A fine of not less than XNUMX yuan but not more than XNUMX million yuan.

Article XNUMX Where an operator violates Article XNUMX of this Law to obstruct or destroy the normal operation of network products or services legally provided by other operators, the supervision and inspection department shall order it to stop the illegal act and impose a fine of not less than XNUMX yuan but not more than XNUMX yuan; In serious cases, a fine of not less than XNUMX yuan but not more than XNUMX million yuan shall be imposed.

Article XNUMX Where business operators engage in unfair competition in violation of the provisions of this Law, and there are statutory circumstances such as taking the initiative to eliminate or mitigate the harmful consequences of the illegal act, the administrative penalty shall be leniently or mitigated according to law; if the illegal act is minor and corrected in a timely manner, and no harmful consequences are caused, no administrative penalty shall be imposed .

Article XNUMX If an operator violates the provisions of this law to engage in unfair competition and is subject to administrative punishment, the supervision and inspection department shall record it in the credit record and publicize it in accordance with the provisions of relevant laws and administrative regulations.

Article XNUMX Operators who violate the provisions of this Law shall bear civil liability, administrative liability and criminal liability, and if their property is insufficient to pay, they shall be given priority to bear civil liability.

Article XNUMX Anyone who obstructs the supervision and inspection department from performing its duties in accordance with this Law, refuses or obstructs the investigation, shall be ordered by the supervision and inspection department to make corrections, and an individual may be fined not more than XNUMX yuan, and a unit may be fined not more than XNUMX yuan; Penalties for public security administration shall be given in accordance with the law.

Article XNUMX If the parties are dissatisfied with the decision made by the supervision and inspection department, they may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.

Article XNUMX If the staff of the supervision and inspection department abuse their powers, neglect their duties, practice favoritism, or disclose business secrets learned during the investigation, they shall be punished according to law.

Article XNUMX Anyone who violates the provisions of this law and constitutes a crime shall be investigated for criminal responsibility according to law.

Article XNUMX In the civil trial procedure for infringement of trade secrets, the trade secret right holder provides preliminary evidence to prove that it has taken confidentiality measures for the claimed trade secret and reasonably shows that the trade secret has been infringed. The alleged infringer shall prove the trade secret claimed by the right holder. Secrets are not business secrets under this law.

If the trade secret right holder provides preliminary evidence to reasonably show that the trade secret has been infringed, and provides one of the following evidences, the suspected infringer shall prove that he has not infringed the trade secret:

(XNUMX) There is evidence that the suspected infringer has channels or opportunities to obtain trade secrets, and the information used by him is substantially the same as the trade secret;

(XNUMX) There is evidence that the trade secret has been disclosed, used by the suspected infringer, or is at risk of being disclosed or used;

(XNUMX) There is other evidence that the trade secret has been infringed by the suspected infringer.

    Chapter V Supplementary Provisions

    Article XNUMX This law shall come into force on January 2018, 1.

文章来源:http://www.npc.gov.cn/npc/c30834/201905/9a37c6ff150c4be6a549d526fd586122.shtml

The purpose of reprinting is to spread the law, let more operators abide by the law, and create more positive value for the society.

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