What is unfair competition?

1, counterfeiting the registered trademark of others. 2. Confuse with well-known commodities. 3, unauthorized use of other people's trade names or names, people mistakenly think that it is someone else's goods. 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.

1. What are the acts of unfair competition?

Acts that belong to unfair competition are as follows:

1, confusing behavior

Confusion behavior refers to the behavior that operators make false representations, explanations or promises about their own goods or services in various false ways in market operation activities, or improperly use other people's intellectual labor achievements to publicize their own goods or services, so as to make users or consumers misunderstand, disrupt market order and harm the interests of competitors or consumers in the same industry.

2. False propaganda

False propaganda refers to the misleading false propaganda made by operators on the quality, performance, composition, use and origin of products by means of advertisements. Selling goods by advertising or other means is the most common means of promotion in modern society. However, all kinds of false advertisements and other false propaganda, or misleading people, are harmful to socialist spiritual civilization; Or directly mislead users and consumers to make wrong consumption decisions, causing a lot of social problems; Or infringe upon the legitimate interests of other operators, especially competitors in the same industry, resulting in confusion in the order of fair competition. Both the Advertising Law and the Anti-Unfair Competition Law stipulate such acts as illegal acts that must be prohibited.

3. Commercial bribery

Commercial bribery refers to the behavior that the operator secretly gives property or other benefits to the relevant personnel of the counterparty or other relevant personnel who can influence the transaction in order to win the trading opportunity. There are countless forms of commercial bribery. For a long time in China, it was very common to strive for trading opportunities in the name of kickbacks, discounts, commissions, consulting fees and referral fees. How to judge whether it is illegal or not, we must take the law as the standard, analyze its essential characteristics and draw a correct conclusion.

4. Infringement of trade secrets

Infringement of trade secrets refers to the act of obtaining, disclosing and using other people's trade secrets by improper means.

5. Dumping at a low price

Low-price dumping refers to selling goods at a price lower than the cost for the purpose of crowding out competitors. Low-price dumping violates the survival principle and value law of enterprises, which often leads to vicious competition events such as price war, the closure of small and medium-sized enterprises and even the serious consequences of the shrinking of the whole industry. From 65438 to 0998, dairy merchants in Shanghai market dumped at low prices to compete for the market, which led to the loss-making operation of the industry and was unbearable. After that, the relevant government departments intervened according to law, which brought the competition order of the milk market back to the right track. In order to nip in the bud, both the Anti-Unfair Competition Law and the Price Law prohibit operators from selling goods at a price lower than the cost price, so as to attack competitors.

6. Improper sales with prizes

Improper sales with prizes refers to the behavior that operators actually take deception or other improper means to harm the interests of users, consumers or the legitimate rights and interests of other operators in the name of providing rewards (including money, objects and additional services). ) When selling goods or providing services.

7. Defame goodwill

Goodwill damage refers to the behavior that operators fabricate and spread false facts, which damages the business reputation and commodity reputation of competitors, thus weakening their competitiveness.

Article 11 of the Anti-Unfair Competition Law of People's Republic of China (PRC) stipulates that an operator shall not sell goods at a price lower than the cost for the purpose of crowding out competitors.

In any of the following circumstances, it is not an act of unfair competition:

(1) Selling fresh commodities;

(2) Dealing with expired commodities or other overstocked commodities;

(3) seasonal price reduction;

(4) Selling goods at reduced prices due to paying off debts, changing production or suspending business.

Second, measures to prevent unfair competition

(1) The government should actively create a good macro-market economy environment. In terms of effective macro-control and creating a good environment for economic development, the government should focus on the following tasks:

1. Improve legislation and strengthen law enforcement. The National People's Congress and the government should revise and improve the existing laws and regulations, introduce new laws and regulations to meet the needs of the market economy, and at the same time pay attention to the operability of laws and regulations. The Anti-Unfair Competition Law should express unfair competition in the form of generalization and enumeration, and should define unfair competition in general terms, so as to include all new forms of unfair competition.

2. Adhere to the principle of comprehensive management and intensify the crackdown. In market economy activities, any economic transaction can not be completed unilaterally and independently. Whether it is counterfeiting or smuggling, it must be related to the corresponding production and sales departments, otherwise it will not be able to enter the market. Therefore, when managing the economic environment, we should adhere to the principle of comprehensive management and supervise the whole process of economic operation, rather than paying attention to only one link. It is necessary to intensify the crackdown on counterfeiting and smuggling, so that counterfeiters and smugglers have to consider high costs when facing huge profits.

3. Establish and improve the information network. The government should be good at guiding production and consumption, and the management departments of various industries should establish information networks so that enterprises can obtain more reliable business information at any time in the production process. At the same time, it is necessary to break the fragmented situation, let the factors of production flow freely among regions, departments and enterprises, form a unified, open, orderly and sound market system, and avoid unfair competition caused by imperfect market system, distorted market mechanism and distorted market signals. For example, as far as a product is concerned, the industry management department should regularly provide enterprises with the overall dynamic situation and development trend of the production and sales of the product for their reference, so as to avoid unfair competition behaviors such as monopoly and fraud caused by information asymmetry.

(B) enterprises should adhere to the principle of fair competition, identify the market positioning.

1, enterprises should update their concepts as soon as possible to meet the requirements of market economy. Due to the long-term implementation of the planned economy system in China, from the perspective of enterprises themselves, the long-term traditional concepts will constrain their behavior, which formally led to the market economy stage, but the concepts and behaviors still remain in the planned economy period. This inertia leads enterprises to passively accept challenges and competition, but the awareness of active challenges and competition is not enough. This makes some enterprises still try to seek local protection or industry protection under the new market economy conditions, hoping to monopolize the market within a certain range, which may lead to unfair competition. Therefore, enterprises themselves must renew their ideas, actively adapt to the requirements of market economy, adhere to the principles of fairness and integrity, expand the market with their excellent products and services, and win the recognition of customers.

2. Enterprises should position themselves and their products in the market and try to avoid competition at the same level. The scale, strength and product grade of enterprises are different, and the consumption level and habits of consumers are very different. This requires enterprises to carefully examine their internal and external environment, objectively analyze their own strength and market demand, and find the appropriate positioning of enterprises and products. If every enterprise can make a difference in different products, different grades of products and different market fields, and choose different products and different markets according to its own strength, it can avoid many unnecessary vicious competitions.

I hope the above content can help you. Please consult a professional lawyer if you have any other questions.

Legal basis: Article 6 of People's Republic of China (PRC) Anti-Unfair Competition Law.

Business operators shall not commit the following confusing acts, which make people mistakenly think that they are other people's goods or have specific connections with others:

(a) unauthorized use of the same or similar signs such as commodity names, packaging and decoration that have certain influence on others;

(2) unauthorized use of enterprise name (including abbreviation, font size, etc.). ), social organizations (including abbreviation, etc. ) and name (including pen name, stage name, translated name, etc. ) has a certain influence on others;

(three) unauthorized use of domain names, website names, web pages and other major parts. , have a certain influence on others;

(four) other confusing acts that can make people mistakenly think that they are other people's goods or have specific connections with others.