1, in the civil aspect, infringes on the name right of a legal person.
general rules of civil law
Article 99 Citizens have the right to name, and have the right to decide, use and change their names according to regulations. Interference, misappropriation and counterfeiting are prohibited.
Legal persons, individual industrial and commercial households and individual partnerships enjoy the right to name. Enterprise legal persons, individual industrial and commercial households and individual partnerships have the right to use and transfer their names according to law.
The Supreme People's Court's opinions on several issues concerning the implementation of general principles of civil law:
162. Anyone who steals or imitates another person's name and causes damage shall be regarded as infringing on the right to name.
172. If a citizen's right to name, portrait, reputation and honor is infringed, or a legal person's right to name, reputation and honor is infringed, and a citizen or legal person demands compensation, the people can determine the liability for compensation according to the degree of the infringer's fault and the specific circumstances, consequences and influence of the infringement.
173. Anyone who infringes upon another person's right to name, name, portrait, reputation and honor may, in addition to compensating the victims for their losses according to law, confiscate their illegal income.
2. Criminally, it may be suspected of contract crimes.
Criminal law:
Article 224 Whoever, under any of the following circumstances, defrauds the other party of property for the purpose of illegal possession in the process of signing and performing a contract, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years and shall also be fined or confiscated:
(1) Signing a contract in the name of a fictitious unit or others;
(2) Mortgaging with forged, altered or invalid bills or other false property rights certificates;
(three) to perform a small contract or part of the contract first, to deceive the other party to continue to sign and perform the contract, and to have no actual performance ability;
(4) After receiving the payment for goods, advance payment or secured property paid by the other party;
(5) defrauding the other party's property by other means.
Second, what laws have been violated by using someone else's company name?
It has violated many laws and regulations (General Principles of Civil Law of People's Republic of China (PRC), Law on Anti-Unfair Competition, Law on Product Quality, Regulations on the Administration of Enterprise Name Registration, Trademark Law, etc.). ), but after the laws and regulations overlap, it should be punished according to Article 53 of the Product Quality Law. "Forge the origin of products, forge or fraudulently use the name and address of others, forge or fraudulently use quality marks such as certification marks, and shall be ordered to make corrections. Illegal income, confiscate the illegal income; If the circumstances are serious, the business license shall be revoked. "
Please adopt it.
Third, what laws and regulations are violated by using the company name of other enterprises?
1, civil, invasion
general rules of civil law
Article 99 Citizens have the right to name, and have the right to decide, use and name. Interference, embezzlement and counterfeiting by others are prohibited.
Both legal persons and individuals have the right to name. Enterprise legal persons, individual industrial and commercial households and individuals have the right to partnership.
The Supreme People's Court's opinions on several issues concerning the implementation of general principles of civil law:
162. the act of stealing or counterfeiting another person's name, name right and name right.
172. If a citizen's right to name, name, reputation and the honor of a portrait legal person are infringed, the people can determine the liability for compensation according to the degree of the infringer's fault and the specific circumstances, consequences and influence of the infringement.
173. In addition to infringing on others' right to name, name, portrait, reputation and honor, their illegal income may be confiscated.
2, criminal, may be suspected of contract.
Criminal law:
Article 224 Whoever, under any of the following circumstances, defrauds the other party of property for the purpose of illegal possession in the process of signing and performing a contract, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially serious, he shall be sentenced to fixed-term imprisonment of not more than 10 years and shall also be fined or confiscated:
(1) Signing a contract in the name of a fictitious unit or others;
(2) Mortgaging with forged, altered or invalid bills or other false property rights certificates;
(three) without the actual performance ability, the small contract is performed first or the other party is tricked into continuing to sign and perform the contract;
(4) escaping after receiving or paying the payment for goods, advance payment or providing property guarantee;
(5) defrauding the other party's property by other means.
What is the law to produce cosmetics in the name of another company?
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