Measures of Jiangsu Province on Implementing the Law of People's Republic of China (PRC) on Anti-Unfair Competition (revised 1997)

Chapter I General Provisions Article 1 In order to ensure 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, these Measures are formulated in accordance with the Law of People's Republic of China (PRC) on Anti-Unfair Competition (hereinafter referred to as the Anti-Unfair Competition Law) and relevant laws and regulations, and in combination with the actual situation of this province. Second legal persons, other economic organizations and individuals (hereinafter referred to as operators) engaged in commodity business or profit-making services within the administrative region of this province must abide by these measures.

Organizations and individuals other than operators engaged in activities related to market competition must also abide by these measures. Article 3 Local people's governments at all levels should strengthen market management, take measures to stop unfair competition and create a good environment and conditions for fair competition.

Local people's governments at all levels shall encourage, support and protect all organizations and individuals to conduct social supervision over acts of unfair competition. Article 4 The administrative departments for industry and commerce of local people's governments at or above the county level shall be responsible for supervising and inspecting acts of unfair competition; Where laws and administrative regulations provide for supervision and inspection by other departments, such provisions shall prevail. Chapter II Acts of Unfair Competition Article 5 An operator shall not use the unique name, packaging and decoration of a well-known commodity without authorization, or use the name, packaging and decoration similar to that of a well-known commodity, thus causing confusion with other people's well-known commodities and causing buyers to mistake the well-known commodity.

Business operators who know or should know that the name, packaging and decoration of the commodity are identical or similar to those of well-known commodities shall not sell the commodity or produce or sell the packaging and decoration of the commodity.

The term "unique" as mentioned in this article means that the name, packaging and decoration of goods are used by commodity operators and have obvious characteristics.

The identification of well-known commodities shall be implemented in accordance with the relevant provisions of the state. Article 6 Business operators shall not use other people's enterprise names and words, graphics and codes representing other people's enterprise names without authorization, so that people may mistake them for other people's goods. Article 7 An operator shall not make misleading false representations about the quality of commodities by the following means:

(1) Forging, fraudulently using or using invalid quality marks or patent marks such as certification marks and famous brand marks on commodities;

(two) the use of certification marks, brand-name marks and other quality marks or patent marks that are inconsistent with the actual product;

(3) Forging or fraudulently using the quality inspection certificate, license number, production license number or producer;

(4) Forging the factory name, address, commodity processing place or place of origin (including the growing place or breeding place of agricultural and sideline products);

(5) making false marks on the specifications, grades, quantities, components and contents of commodities;

(six) the date of production, the safe use period or the effective period of the goods are falsely marked;

(seven) failing to mark the contents of the goods and their packages as required.

Operators shall not sell goods that they know or should know have false quality representations on the goods or their packaging. Article 8 Business operators shall not make misleading false propaganda about the reputation of commodities or the price, quality, performance, use, specifications, grades, manufacturing ingredients and their contents, manufacturing methods, manufacturing dates, expiration dates, places of origin, producers, patents, certifications and awards.

Other methods mentioned in the preceding paragraph refer to:

(1) Hiring or colluding with others to conduct deceptive sales inducement;

(2) On-site demonstration and explanation;

(three) posting, distributing or mailing brochures and other promotional materials;

(four) the use of information carriers or assemblies to release information;

(five) the use of mass media for publicity and reporting.

The mass media and their staff shall not make false propaganda reports on operators or commodities. Article 9 Public enterprises or other operators with exclusive status according to law shall not engage in the following acts of restricting competition:

(1) Restrict users and consumers to purchase and use only related commodities provided by them or the operators designated by them, and shall not purchase or use similar commodities provided by other operators that meet technical standards;

(two) forcing users and consumers to buy goods and accessories provided by them or by their designated operators;

(three) to prevent users and consumers from buying or using commodities that meet the technical standards provided by other operators under the pretext of testing the quality and performance of commodities;

(four) to refuse, interrupt, reduce the supply of related goods or overcharging, etc., to make things difficult for users and consumers who resist their restrictive competition behavior. Article 10 A public institution shall not force or restrict users and consumers to buy the goods provided by it or the business operators designated by it. Article 11 No organization or individual may infringe upon the business secrets of others.

The trade secrets mentioned in the preceding paragraph refer to technical and commercial information such as product formula, process flow, technical secrets, design drawings, production and marketing strategies, customer list, price information and supply information. Not known to the public, can bring economic benefits to the obligee, is practical and kept secret by the obligee.