" People's Republic of China opposes unfair competition law " edit the 2nd times

" People's Republic of China opposes unfair competition law "

(the 3rd times the conference passed the 8th Standing Committee of the National People's Congress on September 2, 1993 dozenth on November 4, 2017 a thirtieth of Standing Committee of the National People's Congress second conference first time edits on April 23, 2019 thirteenth Standing Committee of the National People's Congress the 10th times the conference edits the 2nd times)

[note: 2019.4.23 edit clause, text already added boldface to tag markedly] :

Catalog

General principles of the first chapter

The 2nd chapter is shocking competitive behavior

The 3rd chapter is shocking to be suspected of the investigation of competitive behavior

Responsibility of law of the 4th art of composition

Supplementary articles of the 5th chapter

General principles of the first chapter

The first develops to promote health of socialist market economy, encourage and protect fair competition, check unfair competition behavior, protect the legitimate rights and interests of operator and consumer, make this way.

The 2nd operator is in manufacturing management activity, ought to follow the principle of freewill, equal, fair, sincere letter, abide by law and business ethics.

The unfair competition behavior that this law place weighs, it is to show operator is in manufacturing management activity, disobey this code to decide, order of disturbed market competition, damage other operator or the behavior of the legitimate rights and interests of consumer.

The operator that this law place weighs, it is to point to pursue goods production, manage or provide a service (the following place says commodity includes a service) natural person, legal person and illegal person organization.

Government of the 3rd various people ought to take step, check unfair competition behavior, create favorable environment and condition for fair competition.

The State Council is built turn over unfair competition job to coordinate a mechanism, research decides to combat unfair competition major policy, harmonious processing safeguards the major problem of market competition order.

The branch that government of people of above of class of the 4th county fulfils obligation of industrial and commercial administration undertakes investigating to unfair competition behavior; Law, administrative regulations sets what investigate by other department, its set according to.

The 5th country is encouraged, support and protect all organizations and individual to undertake a society supervise to unfair competition behavior.

National office and its staff member must not support, harbor unfair competition behavior.

Trade organization ought to strengthen an industry to control oneself, guide, normative member competes lawfully, uphold market competition order.

The 2nd chapter is shocking competitive behavior

(one) do sth without authorization uses the commodity name that has certain effect with other, pack, decorate identical approximate perhaps label;

(2) the company name that do sth without authorization uses other to have certain effect (include abbreviation, name to wait) , organism name (include abbreviation to wait) , full name (include pseudonym, stage name, translated term to wait) ;

(3) name of the part of domain name main body that do sth without authorization uses other to have certain effect, website, webpage;

(4) other enough is fetching the promiscuous behavior that considers as other commodity as specific as other existence perhaps connection by accident.

The 7th operator must not use property bribery of other perhaps measure is following unit or individual, trade with seek the opportunity perhaps competes advantage:

(one) trade relatively square staff member;

(2) get the unit that trades to handle relevant work to just be being entrusted or individual;

(3) jobbery or the unit that force impact trades or individual.

Operator is in trade in the activity, can with bright show pattern to trade to just pay a discount relatively, perhaps pay middleman's fee to bagman. Operator to trade to just pay a discount relatively, pay middleman's fee to bagman, ought to according to the facts enter an item in an account. The operator that accepts discount, middleman's fee also ought to according to the facts enter an item in an account.

The staff member of operator undertakes boodling, ought to hold the action that is operator; But, the action that operator has evidence to prove this staff member and trade for operator seek the opportunity perhaps competes the except that the advantage has nothing to do.

Evaluation of state of the performance that the 8th operator does not get pair of its goods, function, quality, sale, user, Ceng Huorong praise the commercial conduct propaganda that waits for false fetching perhaps misunderstanding, consumer of deceit, misdirect.

Operator must not trade phonily through the organization wait for means, help other operator undertake the commerce of false fetching perhaps misunderstanding is publicized.

The 9th operator must not carry out following the act that violates commercial secret:

(one) the business that invades other perhaps shocking measure to get obligee with theft, bribery, con, threatening, electron is private;

(2) the exposure, business that use or allows other to use the obligee that gets with ditto method is private;

(3) the requirement that violates confidential obligation to perhaps disobey obligee to concern conservative trade secret, the exposure, business that use or allows other to use its place to master is private;

(4) abet, entice, the demand that helps other disobey confidential obligation to perhaps disobey obligee to concern conservative trade secret, get, the exposure, business that use or allows other to use obligee is private.

The other natural person beyond operator, legal person and row of place of the fund before be not legal person organization to carry out violate act, regard as encroach commercial secret.

The employee that the 3rd person is known perfectly well or should tell commercial secret obligee, before other perhaps unit, individual carries out employee an illegal behavior of row of the first place, still get, exposure, use or allow other to use this trade secret, regard as encroach commercial secret.

The business that this law place weighs is private, it is to point to do not be the commercial news such as the public place know, technology news that have commercial value and takes corresponding and confidential step via obligee, management information.

The 10th operator undertakes the sale must not occur having reward following scenario:

(one) amount of condition of award of the sort that sets award, add, bonus or the information of sale having reward such as award is ambiguous, affect add award;

(2) use the beguiling means that pretends to award yields get the winning number in a bond of personnel of decided at the higher level but not officially announced intentionally perhaps to undertake award is sold having;

(3) the sale having reward of lottery type, the amount of top prize exceeds 50 thousand yuan.

Eleventh operator does not get fictional, transmission false information or misdirect sex information, damage reputation of commercial reputation of the competitor, commodity.

Dozenth operator uses a network to be engaged in manufacturing management activity, ought to abide by each regulation of this law.

Operator must not use technical method, choose other perhaps way through affecting an user, carry out the following and cloggy, network product that destroys other operator to offer legally to perhaps serve the behavior that moves normally:

(one) agree without other operator, the network product that offers legally in its perhaps serves in, insert undertake the target jumps link, compulsively turn;

(2) misdirect, deceit, force an user to revise, shut, the network product that uninstalls other operator to be offerred legally perhaps serves;

(3) the network product that ill will offers legally to other operator perhaps takes deal with concrete matters relating to work to apply incompatible;

(4) the behavior that the other and cloggy, network product that destroys other operator to be offerred legally perhaps serves to move normally.

The 3rd chapter is shocking to be suspected of the investigation of competitive behavior

Thirteenth investigation of supervisory examination department is suspected of unfair competition behavior, can take following step:

(one) enter those who be suspected of unfair competition behavior to manage a place to undertake checking;

(2) concerned unit of etc of person of the operator that the inquiry is investigated, interests, individual, ask its explain concerned circumstance perhaps provides as other as what be concerned by investigation behavior data;

(3) inquiry, duplicate with report of letter of book of the agreement that is suspected of unfair competition behavior concerning, Zhang, receipt, file, record, business and other data;

(4) close down, distrain and the property that are suspected of unfair competition behavior concerning;

(5) the bank account that inquires the operator that is suspected of unfair competition behavior.

The measure that the money before adopting provides, ought to to supervisory examination branch main controller is written report, and classics approval. The money before adopting the 4th, the measure of the 5th regulation, ought to supervise examination department to the government of people of city class above that sets an area main controller is written report, and classics approval.

Investigation of supervisory examination department is suspected of unfair competition behavior, ought to abide by " administration of People's Republic of China is compulsive law " the regulation with other concerned law, administrative regulations, and ought to will investigate a result to be made public in time to the society.

Investigation of department of the 14th supervisory examination is suspected of unfair competition behavior, etc of person of the operator that is investigated, interests ought to provide concerned data according to the facts about unit, individual or circumstance.

Branch of the 15th supervisory examination and exchange of its staff member check the commercial secret of the know in the process to have confidential obligation.

Behavior of the 16th unfair to be suspected of competition, any units and individual have authority to be informed against to supervisory examination branch, supervisory examination branch is received after informing against ought to handle in time lawfully.

Supervisory examination branch ought to accept the phone that inform against, mailbox publicly to the society or email address, keep secret to inform against a person. Be informed against to real name and provide relevant fact and evidence, supervisory examination branch ought to inform processing as a result inform against a person.

Responsibility of law of the 4th art of composition

The seventeenth operator disobeys this code to decide, cause to other damage, ought to assume civil responsibility lawfully.

The legitimate rights and interests of operator is damaged by unfair competition behavior, can to people court to lodge a complaint.

Because of the compensatory amount of the operator that unfair competition behavior is damaged, decide because of the actual loss that is gotten by tort place according to its; Actual loss hard calculative, the interest that acquires because of tort place according to the infringer is certain. Operator ill will is carried out violate commercial secret act, the clue is serious, can be in the one times above that determines amount according to afore-mentioned methods compensates for amount certainly below fivefold. Compensatory amount still ought to include operator to be the reasonable expenditure that checks tort behavior place pays.

Operator disobeys Benfadi 6, the 9th regulation, because obligee is obtained because of tort place by the actual loss that tort place gets, infringer the interest decides hard, by people court basis the clue court decision of tort behavior offers obligee 5 million yuan of the following compensation.

The 18th operator disobeys Benfadi 6 regulations carry out promiscuous behavior, by supervisory examination the branch is instructed stop to violate act, confiscate illegal commodity. Violate management forehead of 50 thousand yuan of above, can be in violate the amerce with management fivefold and the following forehead; Did not violate management forehead to perhaps violate management forehead to be not worth 50 thousand yuan, can be in fifty thousand and twenty yuan of the following amerce. The clue is serious, revoke business charter.

The company name that operator registers disobeys what Benfadi sets 6 times, ought to deal with name change in time to register; Before the name is changed, register mechanism to substitute its name in order to integrate social credence code by former company.

The 19th operator disobeys what Benfadi provides bribery another person 7 times, by supervisory examination the branch confiscates illegal earning, be in 100 thousand yuan of above 3 million yuan of the following amerce. The clue is serious, revoke business charter.

The 20th operator disobeys the business that Benfadi sets 8 times to to its commodity makes false fetching perhaps misunderstanding to publicize, perhaps trade phonily through the organization wait for means to help other operator undertake the commerce of false fetching perhaps misunderstanding is publicized, by supervisory examination the branch is instructed stop to violate act, be in million of 200 thousand yuan of above yuan the following amerce; The clue is serious, place million yuan above 2 million yuan of the following amerce, can revoke business charter.

Operator disobeys Benfadi 8 regulations, belong to release false advertising, according to " law of advertisement of People's Republic of China " set punishment.

The 21st operator and other natural person, legal person and illegal person organization disobey Benfadi 9 regulations encroach commercial secret, by supervisory examination the branch is instructed stop to violate act, confiscate illegal earning, be in million of 100 thousand yuan of above yuan the following amerce; The clue is serious, be in 500 thousand yuan of above 5 million yuan of the following amerce.

The 22nd operator disobeys Benfadi 10 regulations undertake having reward selling, by supervisory examination the branch is instructed stop to violate act, be in 50 thousand yuan of above 500 thousand yuan of the following amerce.

The 23rd operator disobeys Benfadi 11 regulations damage reputation of competitor business reputation, commodity, by supervisory examination the branch is instructed stop to violate act, remove an effect, be in 100 thousand yuan of above 500 thousand yuan of the following amerce; The clue is serious, be in 500 thousand yuan of above 3 million yuan of the following amerce.

The 24th operator disobeys what Benfadi stipulates the cloggy, network product that destroys other operator to be offerred legally perhaps serves to move normally 12 times, by supervisory examination the branch is instructed stop to violate act, be in 100 thousand yuan of above 500 thousand yuan of the following amerce; The clue is serious, be in 500 thousand yuan of above 3 million yuan of the following amerce.

The 25th operator disobeys this code to be engaged in unfair competition surely, have what be eliminated actively or reduce illegal behavior to endanger the legal status such as consequence, perhaps reduce administrative punishment lightly lawfully; Illegal behavior is slight correct in time, did not cause those who endanger consequence, do not grant administrative punishment.

The 26th operator disobeys this code to be engaged in unfair competition surely, be punished by administration, by supervisory examination the branch notes credit record, and according to gives about the regulation of law, administrative regulations fair show.

The 27th operator disobeys this code to decide, ought to assume civil liability, administration responsibility and criminal responsibility, its belongings can't pay, preferential use at assuming civil responsibility.

This law fulfills according to of branch of the 28th obstructive supervisory examination duty, refuse, block up investigates, by supervisory examination the branch is instructed correct, can be in 5000 yuan of the following amerce to the individual, can be in 50 thousand yuan of the following amerce to the unit, can give public security management punishment lawfully by public security mechanism.

The 29th party checks the decision disaffected that the branch makes to supervising, can apply for to administration is reconsidered or mention lawsuit of politics of start on a journey lawfully.

Thirtieth fraud of the staff member misuse of authority of supervisory examination branch, derelict, practise favouritism perhaps reveals the commercial secret of the know in investigating a process, give disciplinary action lawfully.

Thirtieth disobeys this code to decide, make crime, investigate criminal duty lawfully.

Thirtieth is 2 in the civil trial order that violates commercial secret, commercial secret obligee provides preliminary evidence, the commercial secret that proves its had advocated to place takes confidential step, and reasonable show commercial secret is encroached, the business that the commercial secret that is suspected of an infringer ought to proving obligee place advocates does not belong to this code to decide is private.

Commercial secret obligee provides preliminary evidence reasonable show commercial secret is encroached, and those who provide one of the following evidence, be suspected of an infringer ought to proving its are nonexistent the act that violates commercial secret:

(one) evidence makes clear be suspected of an infringer having medium of communication or the opportunity gets commercial secret, and the information that its use and this trade secret are substantial identical;

(2) evidence shows commercial secret has been been suspected of infringer exposure, use or have by exposure, use risk;

(3) other evidence shows commercial secret is suspected of the infringer is encroached.

Supplementary articles of the 5th chapter

This 3 laws removed thirtieth on January 1, 2018 oneself apply.